For Brisbane and Australian technology founders, this guide helps prepare a focused adviser brief.
A founder agreement discussion is useful before drafting begins. The founders need a shared view of what they are contributing, how decisions will be made and what happens if the working relationship changes.
This guide offers preparation questions, not a universal form or advice about enforceability.
Separate contribution from ownership
Write down each founder's cash, time, existing software, contacts and other expected contributions. Identify which commitments are already made and which depend on future events. Then discuss ownership with that information in view.
Do not rely on an informal percentage alone. Ask counsel how the arrangement should be reflected in the company's records and related documents. Any vesting, repurchase or departure mechanism needs legal and tax review for the relevant jurisdiction.
Make roles observable
Record who owns product, sales, finance and hiring decisions. Define what requires joint agreement and how routine authority will be delegated. Discuss the practical effect of illness, reduced availability or a founder taking another role.
A useful scenario is a founder who can contribute only one day a week after initially committing full time. What should the other founders do? Which expectations change, and who has authority to approve the change? Resolve the business intention before asking for legal wording.
Address IP and existing obligations
List material created before the company existed and work each founder expects to contribute. Flag former employment, university work and third-party collaborators for review. IP Australia's ownership guidance explains why the creator and working arrangement matter. IP Australia ownership guidance.
The fact that work is useful to the company does not tell you the full ownership history. Keep the evidence together.
Prepare for disagreement and departure
Discuss an escalation process, access to records, handover responsibilities and who speaks for the business during a dispute. Avoid copying an aggressive exit clause without understanding how it works locally.
Bring a one-page summary of agreed business intentions, a list of unresolved points and the current company documents to counsel. Ask which instruments are needed; one document may not capture every aspect of the arrangement.
After completion, store signed versions and update the ownership record. Read startup IP ownership and fundraising readiness for the connected records.
General information for planning a conversation with qualified advisers. It is not legal advice for your circumstances. Scope, jurisdiction and fees are agreed before any engagement.