Freight Contract — Carriage of Goods by Road (Australia)
Date: [Agreement Date] | Origin State / Territory: [Origin State] | Country: Australia
This Freight Contract ("Contract") is entered into on the date shown above between the Consignor and the Carrier identified below, for the carriage of goods by road in accordance with the terms set out herein.
1. PARTIES
THE CONSIGNOR: [Consignor Name] (ABN: [Consignor ABN]), of [Consignor Address], [Consignor City], [Consignor State] [Consignor Postcode], Phone: [Consignor Phone], Email: [Consignor Email] (the "Consignor").
THE CARRIER: [Carrier Name] (ABN: [Carrier ABN]), of [Carrier Address], [Carrier City], [Carrier State] [Carrier Postcode], Phone: [Carrier Phone], Email: [Carrier Email] (the "Carrier").
The Consignor and the Carrier are collectively referred to as the "Parties".
2. DESCRIPTION OF GOODS
2.1 The Consignor engages the Carrier to transport the following goods (the "Goods"):
Description: [Goods Description]
Declared value (AUD $): [Goods Value]
Gross weight: [Gross Weight] kg
2.2 The Consignor warrants that the description of the Goods provided is accurate and complete and that the Goods comply with all applicable laws, including the Australian Dangerous Goods Code (ADG Code) where applicable.
2.3 The Consignor acknowledges their obligations as a party in the chain of responsibility under the Heavy Vehicle National Law (HVNL) to ensure the Goods are properly described, packaged, marked, and loaded in compliance with mass and dimension requirements.
3. COLLECTION AND DELIVERY
3.1 Collection address: [Collection Address]
3.2 Scheduled collection date: [Collection Date]
3.3 Delivery address: [Delivery Address]
3.4 Required delivery date: [Delivery Date]
3.5 Consignee: [Consignee Name], Phone: [Consignee Phone]
3.6 The Carrier shall use reasonable endeavours to collect and deliver the Goods on the dates specified. Time shall not be of the essence unless the Parties expressly agree otherwise in writing. The Carrier shall notify the Consignor as soon as practicable of any anticipated delay.
3.7 Proof of delivery: The Carrier shall obtain a signed delivery receipt from the consignee (or an authorised representative) upon delivery of the Goods and shall provide a copy to the Consignor upon request.
4. FREIGHT CHARGES AND PAYMENT
4.1 The agreed freight charge for this consignment is AUD $[Freight Rate] (exclusive of GST).
4.2 Additional charges: AUD $[Additional Charges] (exclusive of GST).
4.3 GST at 10% will be added to the above amounts and shown separately on the Carrier's tax invoice, in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
4.4 Payment is due: [Payment Terms], by [Payment Method].
4.5 If payment is not made by the due date, the Carrier may charge interest at the rate of 10% per annum on overdue amounts, calculated daily, and may exercise a lien over any Goods in its possession pending payment.
5. INSURANCE AND LIABILITY
5.1 Goods-in-transit insurance responsibility: [Insurance Responsibility].
5.2 The Carrier's maximum liability for loss of or damage to the Goods during carriage is limited to AUD $[Carrier Liability Limit], unless a higher declared value is agreed in writing and reflected in an increased freight charge.
5.3 The Carrier is not liable for loss or damage to the Goods arising from: (a) inherent defect, quality, or vice of the Goods; (b) insufficient or defective packaging by the Consignor; (c) an act or omission of the Consignor or Consignee; (d) circumstances beyond the Carrier's reasonable control (force majeure), including but not limited to floods, fires, strikes, or acts of God.
5.4 Any claim by the Consignor for loss or damage to the Goods must be notified in writing to the Carrier within seven (7) days of the delivery date (or, in the case of non-delivery, within seven (7) days of the scheduled delivery date). Claims notified after this period may be rejected.
5.5 The Carrier maintains mandatory public liability insurance and complies with applicable compulsory third-party motor vehicle insurance requirements under state legislation.
6. CHAIN OF RESPONSIBILITY (HVNL)
6.1 Both Parties acknowledge that they are parties in the chain of responsibility under the Heavy Vehicle National Law (HVNL) as enacted in each participating state and territory.
6.2 The Consignor must not cause or request or require the Carrier to transport goods in a manner that would cause a contravention of the HVNL, including in relation to mass, dimension, loading, and fatigue obligations.
6.3 The Carrier must not undertake transport tasks that contravene the HVNL and must comply with all applicable driver fatigue, speed, vehicle maintenance, and heavy vehicle standards requirements.
6.4 Each Party indemnifies the other against any fines, penalties, or costs arising from that Party's breach of its chain of responsibility obligations.
7. GOVERNING LAW AND DISPUTES
7.1 This Contract is governed by the laws of [Origin State], Australia, and applicable Commonwealth legislation including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) and the Heavy Vehicle National Law.
7.2 Any dispute arising from this Contract that cannot be resolved by the Parties through good-faith negotiation shall be referred to mediation before either Party commences court proceedings, unless the matter is urgent.
7.3 Nothing in this Contract excludes any right or remedy under the Australian Consumer Law that cannot be excluded by agreement.
EXECUTED as an agreement:
THE CONSIGNOR
Name: [Consignor Name]
Signature: _______________________________
Date: [Agreement Date]
THE CARRIER
Name: [Carrier Name]
Signature: _______________________________
Date: [Agreement Date]
Consignor
________________
Signature
Date: ________________
Carrier
________________
Signature
Date: ________________
What Is a Freight Contract — Carriage of Goods by Road (Australia)?
A Freight Contract — Carriage of Goods by Road in Australia records the freight — carriage of goods by road arrangement agreed between the parties and the specific obligations each side accepts, forming a binding agreement under the Corporations Act 2001 (Cth).
The contract covers the essential commercial terms of the transport engagement: identification of both parties with their ABNs, a detailed description of the goods and their declared value, the collection and delivery addresses and scheduled dates, the freight rate and payment terms (including GST treatment), the parties' respective insurance obligations and the carrier's liability limit for loss or damage, chain of responsibility obligations under the Heavy Vehicle National Law (HVNL), and the procedure for claiming in the event of loss or damage.
A written freight contract is distinct from a consignment note or waybill, which is the document that travels with the goods and constitutes evidence of receipt. The freight contract governs the broader commercial relationship and the allocation of risk, while the consignment note is the operational document for each individual consignment.
Key legislative frameworks that govern Australian road freight transport include the Heavy Vehicle National Law (HVNL) enacted in each participating state, the Australian Dangerous Goods Code (ADG Code), the Australian Consumer Law (ACL) under the Competition and Consumer Act 2010 (Cth), and state-based road transport legislation.
The legal framework governing the Freight Contract — Carriage of Goods by Road (Australia) in Australia draws on several key statutes and regulatory bodies. Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. The Australian Competition and Consumer Commission (ACCC) enforces the Competition and Consumer Act 2010 (Cth). The Australian Taxation Office (ATO) administers the Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999. The Federal Court of Australia and Supreme Courts of each state have jurisdiction over corporate disputes. Parties executing a Freight Contract — Carriage of Goods by Road (Australia) in Australia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Corporations Act 2001 (Cth) sets the foundational requirements.
When Do You Need a Freight Contract — Carriage of Goods by Road (Australia)?
A Freight Contract is needed whenever a business or individual engages a road carrier to transport goods of any significant value. It is particularly important in the following circumstances.
For consignors transporting high-value goods, a freight contract establishes the carrier's liability limit and confirms the insurance arrangements, so that the consignor knows exactly what compensation they can expect in the event of loss or damage.
For carriers who want to limit their liability to a specified amount, a written freight contract — setting out the liability cap, the conditions of carriage, and the timeframe for damage claims — provides important legal protection.
For consignors of dangerous goods, a freight contract records the dangerous goods classification and confirms each party's compliance obligations under the ADG Code and relevant road transport dangerous goods legislation.
For any freight engagement where schedule pressure may arise — for example, time-sensitive pharmaceutical, food, or retail supply chain consignments — a freight contract records the agreed schedule and confirms that time is not of the essence (unless expressly agreed), protecting the carrier from unrealistic performance claims.
A freight contract should be used alongside a consignment note or waybill for each individual consignment, and should be reviewed by a solicitor with transport law experience for high-volume or high-value transport relationships.
Parties in Australia should prepare a Freight Contract — Carriage of Goods by Road (Australia) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. The Australian Competition and Consumer Commission (ACCC) enforces the Competition and Consumer Act 2010 (Cth). The Australian Taxation Office (ATO) administers the Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999. The Federal Court of Australia and Supreme Courts of each state have jurisdiction over corporate disputes. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Freight Contract — Carriage of Goods by Road (Australia)
A well-drafted Australian Freight Contract should include the following key elements.
Party identification should record the full legal names and ABNs of the consignor and the carrier, along with their addresses and contact details.
Goods description should set out a detailed description of the goods to be transported, including their nature, quantity, packaging method, declared value in AUD, and gross weight. For dangerous goods, the UN number, ADG class, proper shipping name, packing group, and quantity must be specified.
Collection and delivery details should record the full collection and delivery addresses, the consignee's name and contact details, the scheduled collection date, and the required delivery date. The contract should state whether time is or is not of the essence.
Freight charges and payment terms should state the freight rate and any additional charges (fuel levy, tolls, waiting time) separately from GST, and specify when payment is due and the consequences of late payment.
Insurance and liability provisions should identify who is responsible for arranging goods-in-transit insurance, the carrier's maximum liability limit, the exclusions from liability (inherent vice, insufficient packaging, force majeure), and the timeframe within which damage claims must be notified.
Chain of responsibility acknowledgement should record each party's obligations under the HVNL, including the consignor's obligation not to cause or allow mass, dimension, or scheduling breaches.
Dangerous goods compliance provisions (if applicable) should record each party's obligations under the ADG Code.
Governing law and dispute resolution provisions should identify the applicable state law and the mechanism for resolving disputes.
Additional compliance elements for a Freight Contract — Carriage of Goods by Road (Australia) used in Australia include: Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. The Australian Competition and Consumer Commission (ACCC) enforces the Competition and Consumer Act 2010 (Cth). The Australian Taxation Office (ATO) administers the Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999. The Federal Court of Australia and Supreme Courts of each state have jurisdiction over corporate disputes. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Freight Contract — Carriage of Goods by Road (Australia) (Australia) [Legal document template]. Forms Legal. https://forms-legal.com/australia/business/services/freight-contract-australia
"Freight Contract — Carriage of Goods by Road (Australia) (Australia)." Forms Legal, 2026, https://forms-legal.com/australia/business/services/freight-contract-australia.
@misc{formslegal-freight-contract-australia,
author = {{Forms Legal}},
title = {Freight Contract — Carriage of Goods by Road (Australia) (Australia)},
year = {2026},
howpublished = {\url{https://forms-legal.com/australia/business/services/freight-contract-australia}},
note = {Free legal document template. Based on Corporations Act 2001 (Cth)}
}Frequently Asked Questions
The chain of responsibility (CoR) is a set of obligations in the Heavy Vehicle National Law (HVNL) that extends safety duties beyond drivers and transport operators to all parties who can influence how heavy vehicle transport is conducted — including consignors, consignees, schedulers, loaders, and packers. As a consignor, you must not cause, authorise, or knowingly allow a carrier to contravene the HVNL. This means you should not set delivery schedules that would require a driver to speed or breach fatigue rules to meet your deadline, load goods in a way that exceeds legal mass limits, or fail to provide accurate information about the goods that the carrier needs to comply with the HVNL. CoR breaches can attract significant penalties from the National Heavy Vehicle Regulator (NHVR), and in serious cases may give rise to criminal liability. A well-drafted freight contract records the agreed schedule, the consignment weight, and each party's CoR obligations to protect both the consignor and the carrier.
If your freight includes any substance classified as a dangerous good under the Australian Dangerous Goods Code (ADG Code, 7th Edition), you must comply with the ADG Code's requirements for classification, packaging, marking, labelling, and documentation. Dangerous goods include not only obvious hazardous substances such as explosives and radioactive materials, but also many common goods such as paints and solvents (Class 3 Flammable Liquids), compressed gases (Class 2), and corrosives (Class 8). As a consignor, you are responsible for correctly classifying the goods, ensuring they are properly packaged and labelled, and providing the carrier with a Dangerous Goods Declaration. The carrier must requires the driver holds any required dangerous goods endorsement and that the vehicle is appropriately placarded. Failure to comply with the ADG Code is an offence under applicable state road transport dangerous goods legislation and can result in substantial fines.
At common law, a carrier's liability for loss or damage to goods depends on whether the carrier is classified as a 'common carrier' (strictly liable) or a 'private carrier' (liable only in contract or for negligence). Most commercial carriers operate as private carriers under contracts that limit their liability to a specified amount per consignment or per kilogram. This is why the declared value of goods on the consignment note and in the freight contract is important — many standard carrier contracts limit liability to a low per-kilogram rate unless a higher declared value is agreed and an increased freight charge paid. Consignors with high-value goods should obtain separate goods-in-transit insurance and negotiate the carrier's liability limit in the freight contract. Nothing prevents the parties from agreeing to a higher liability limit in the freight contract, provided the carrier's insurance covers the agreed amount.
Yes. Freight services provided by a GST-registered carrier in the course of their business are taxable supplies under the A New Tax System (Goods and Services Tax) Act 1999 (Cth), and GST at 10% must be added to the freight charge. The carrier must issue a valid tax invoice showing the freight charge and the GST component separately. Consignors who are registered for GST and use freight services for business purposes can claim the GST as an input tax credit in their Business Activity Statement (BAS). Some freight services may be GST-free — for example, international transport of goods to or from Australia, or freight services that form part of an international supply chain to or from an overseas destination — under the exported goods provisions in the GST Act. Parties should confirm the correct GST treatment with their tax adviser for cross-border consignments.
A well-drafted freight contract should include: (1) full identification of the consignor and carrier with ABNs; (2) a detailed description of the goods, including declared value and gross weight, to establish the carrier's liability limit and ensure HVNL mass compliance; (3) collection and delivery addresses and dates, with a clear statement that time is not of the essence unless expressly agreed otherwise; (4) freight charges, additional charges such as fuel levies, and payment terms including GST treatment; (5) a clear statement of insurance responsibility — who arranges goods-in-transit insurance and the carrier's liability limit; (6) chain of responsibility obligations for both parties under the HVNL; (7) dangerous goods compliance obligations if applicable; (8) the procedure for notifying loss or damage claims and the claims deadline; and (9) the governing law and dispute resolution mechanism. Using a written freight contract protects both parties in the event of a dispute about whether goods were damaged before or during transit.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
Found an error? Let us knowRelated Documents
You may also find these documents useful:
Service Agreement (Australia)
Create a comprehensive Australian Service Agreement compliant with the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) and the common law of contract. Covers scope of services, GST-inclusive or exclusive fees, payment terms, consumer guarantees, intellectual property ownership, confidentiality, Privacy Act 1988 obligations, limitation of liability, and termination rights. Suitable for consultants, freelancers, agencies, and businesses providing services to other businesses or consumers across all Australian states and territories.
Business Sale Agreement (Australia)
Create a legally sound Business Sale Agreement for the sale of a business as a going concern under Australian law. This template covers the sale of goodwill, stock, plant and equipment, employee transfers under the Fair Work Act 2009, GST-free treatment under section 38-325 of the GST Act, restraint of trade, due diligence, settlement, and Seller warranties. Suitable for all Australian states and territories.
Non-Disclosure Agreement (NDA) (Australia)
Protect your confidential business information under Australian common law with a legally sound Non-Disclosure Agreement (NDA). Whether you are sharing trade secrets with a prospective partner, disclosing proprietary technology to a developer, or presenting financial projections to a potential investor, a properly drafted Australian NDA keeps your sensitive information under strict legal protection. Our template complies with Australian contract law principles and includes provisions addressing the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
Vehicle Hire Agreement (Australia)
A Vehicle Hire Agreement (also called a Car Rental Agreement or Motor Vehicle Hire Contract) is a written contract between the owner of a vehicle (the hire company or individual owner) and the person hiring the vehicle (the hirer) that records the terms on which the vehicle is rented for a specified period. It covers the vehicle description, the hire period and charges, the damage excess and any excess reduction options, the authorised drivers, geographic restrictions, prohibited uses, the hirer's obligations regarding fuel and condition, and the parties' rights and obligations upon return of the vehicle. Vehicle hire transactions in Australia are regulated by a combination of Commonwealth and state legislation. The Australian Consumer Law (ACL) — Schedule 2 of the Competition and Consumer Act 2010 (Cth) — is the primary Commonwealth framework and applies to all consumer hire transactions. It prohibits misleading and deceptive conduct, unfair contract terms, and requires that mandatory charges be disclosed upfront. In New South Wales, the Motor Dealers and Repairers Act 2013 (NSW) regulates motor vehicle dealers and repairers, and certain aspects of vehicle hire by motor dealers may be captured by this legislation. The Personal Property Securities Act 2009 (Cth) (PPSA) and the Personal Property Securities Register (PPSR) are also relevant to vehicle hire — in particular for longer-term or fleet hire arrangements where a PPSR registration may be appropriate to protect the owner's interest in the vehicle. Under the Australian Consumer Law, consumer guarantees apply to vehicle hire transactions where the hirer is a consumer (an individual or a business whose annual turnover is under $100,000, who is hiring the vehicle for personal, domestic, or household use, or for use in connection with a business). The key consumer guarantees relevant to vehicle hire are: the guarantee that the vehicle is of acceptable quality (roadworthy, safe, free from defects, and fit for the purpose of road travel); the guarantee that the services (the hire) will be provided with due care and skill; and the guarantee that the hirer will have undisturbed possession of the vehicle for the hire period. These guarantees cannot be excluded by the hire agreement. Damage excess arrangements are a central feature of Australian vehicle hire agreements. A standard damage excess (also called a damage liability excess or DLE) is the maximum amount the hirer is responsible for paying in the event of damage to the vehicle, a single-vehicle accident, or theft during the hire period. Many hire companies offer an excess reduction option (ERO) or a damage liability waiver (DLW) — an optional daily fee that reduces the standard excess to a lower amount (sometimes zero). However, damage waivers are not insurance policies and typically contain significant exclusions — for example, they do not cover single-vehicle rollovers, underbody damage, overhead damage, damage to tyres and windscreens, or damage occurring while the vehicle is driven by an unauthorised driver or while the driver is under the influence of alcohol or drugs. The ACCC and state consumer protection agencies have published guidance reminding hire companies of their obligations to clearly disclose exclusions from excess reduction products. Compulsory third-party (CTP) insurance is mandatory for all registered motor vehicles in Australia under state legislation (e.g., the Motor Accidents Injuries Act 2017 (NSW), the Transport Accident Act 1986 (VIC)). CTP insurance covers personal injury liability to third parties but does not cover property damage to other vehicles or property, and does not cover the hire company's vehicle. Hirers should be aware that CTP insurance does not provide comprehensive coverage, and they should consider whether they hold or need additional personal vehicle insurance or travel insurance that covers hire vehicle damage. The Personal Property Securities Register (PPSR) may be relevant to vehicle hire in two contexts. First, before putting a vehicle on hire, the hire company should conduct a PPSR search to ensure there is no registered security interest over the vehicle that could affect the hirer. Second, for longer-term hire arrangements (exceeding two years), the hire agreement itself may need to be registered on the PPSR to protect the owner's title against third party claims. GST at 10% applies to vehicle hire charges, and the owner must issue a valid tax invoice. Hirers who are GST-registered and hire vehicles for business purposes can generally claim the GST as an input tax credit. Unfair contract terms provisions in the ACL protect small businesses and consumers from standard form contracts (including vehicle hire agreements) that contain terms that cause a significant imbalance in the parties' rights and obligations, are not reasonably necessary to protect a legitimate business interest, and would cause detriment if applied. Hire companies should ensure that their damage excess and waiver terms, late return fees, and liability exclusions are clearly explained and are not unfair under the ACL.