Landscaping Contract (Australia)
This Landscaping Contract (the "Agreement") is entered into on [Sign Date] by and between [Client Name] (ABN: [Client ABN]) of [Client Address] (the "Client") and [Landscaper Name] (ABN: [Landscaper ABN]) of [Landscaper Address] (the "Landscaper"). The Client and the Landscaper are each referred to individually as a "Party" and collectively as the "Parties".
1. CONTACT INFORMATION
Client: [Client Name], Tel: [Client Phone], Email: [Client Email]
Landscaper: [Landscaper Name], Tel: [Landscaper Phone], Email: [Landscaper Email]
All notices required or permitted under this Agreement shall be in writing and delivered to the addresses or email addresses set out above.
2. SCOPE OF SERVICES
2.1 The Landscaper agrees to perform the following [Service Type] services at [Property Address] (the "Property"):
[Service Description]
2.2 [Materials Responsibility]. Where the Landscaper supplies plants, materials, or soils, all items shall be of acceptable quality and fit for the intended horticultural purpose.
2.3 The Landscaper warrants that all services will be performed with due care and skill in accordance with the consumer guarantees under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) and applicable horticultural industry standards.
2.4 Any variations to the scope of services must be agreed in writing by both Parties before the varied work is performed. Variations may affect the total price and completion date.
3. SCHEDULE AND TIMING
3.1 Work will commence on [Start Date] and is expected to be substantially complete by [Completion Date] for project work. Ongoing maintenance services will be provided [Service Frequency].
3.2 Work will be performed during the following hours: [Working Hours], unless otherwise agreed in writing. The Landscaper will endeavour to minimise disruption to the Client and neighbouring properties.
3.3 Delays caused by severe weather, access restrictions, plant availability, or other circumstances beyond the Landscaper's reasonable control will extend completion dates accordingly. The Landscaper will notify the Client promptly of any anticipated delay.
3.4 The Client shall provide the Landscaper with safe and reasonable access to the Property at all scheduled times. The Client shall not place anything in the work areas that may obstruct or endanger workers.
4. FEES AND PAYMENT
4.1 The Client agrees to pay the Landscaper on the basis of [Pricing Type] at the rate of [Total Price] (AUD). A deposit of [Deposit Amount] is payable on execution of this Agreement. The payment schedule is: [Payment Schedule].
4.2 All invoices are payable within [Payment Due Days] of the invoice date. If the Landscaper is registered for GST under the A New Tax System (Goods and Services Tax) Act 1999 (Cth), valid tax invoices will be issued and GST will be applied at the applicable rate.
4.3 If payment is not made by the due date, the Landscaper may suspend work and charge interest on overdue amounts at the applicable penalty interest rate under state legislation. The Client shall also reimburse the Landscaper for reasonable costs of recovering overdue payments.
4.4 Title to any materials, plants, or equipment supplied by the Landscaper and incorporated into the works remains with the Landscaper until payment in full has been received.
5. PERMITS AND REGULATORY COMPLIANCE
5.1 Where the scope of work requires a development approval, council permit, or other regulatory approval (for example, for retaining walls exceeding certain heights or for work affecting stormwater drainage), the Landscaper shall advise the Client of the applicable requirement. Unless otherwise agreed, obtaining such approvals is the Client's responsibility.
5.2 The Landscaper shall comply with all applicable work health and safety legislation, including the Work Health and Safety Act 2011 (Cth) and equivalent state and territory legislation. The Client shall ensure the worksite is safe and disclose any known hazards before work commences.
5.3 Where invasive species or noxious weeds are present on the Property, the parties shall agree in writing on the method of removal and disposal, which must comply with applicable biosecurity and noxious weed legislation.
6. INSURANCE AND LIABILITY
6.1 The Landscaper shall maintain public liability insurance with a minimum coverage of $10,000,000 (AUD) per occurrence throughout the performance of this Agreement. If the Landscaper employs workers, valid workers' compensation insurance shall be maintained as required by applicable state or territory legislation.
6.2 The Landscaper is liable for damage to the Property or neighbouring properties caused by the negligence or misconduct of the Landscaper or the Landscaper's workers or subcontractors, and shall promptly remedy or compensate for such damage.
6.3 To the maximum extent permitted by the Australian Consumer Law, the Landscaper's liability for any failure to comply with a consumer guarantee is limited to resupplying the services or paying the cost of having the services resupplied.
7. TERMINATION
7.1 Either Party may terminate this Agreement by providing 14 days' written notice to the other Party. Upon termination, the Client shall pay all amounts owing for work completed and materials procured up to the date of termination.
7.2 Either Party may terminate this Agreement immediately upon written notice if the other Party commits a material breach of any provision of this Agreement and fails to remedy the breach within 7 days of written notice requiring remedy.
7.3 If the Client terminates this Agreement without cause, the Client shall reimburse the Landscaper for all reasonable costs and expenses already incurred, including materials ordered and preparatory work performed.
8. DISPUTE RESOLUTION
8.1 The Parties shall attempt to resolve any dispute arising under this Agreement through good-faith negotiation within 14 days of written notice of the dispute. If the dispute is not resolved, either Party may refer the matter to the relevant state or territory consumer protection authority (such as the Queensland Building and Construction Commission, NSW Fair Trading, Consumer Affairs Victoria, or equivalent) or initiate mediation.
8.2 Nothing in this clause prevents a Party from seeking urgent injunctive or other interlocutory relief from a court of competent jurisdiction.
9. GOVERNING LAW
9.1 This Agreement is governed by the laws of [Governing State], Australia. Each Party submits to the non-exclusive jurisdiction of the courts of [Governing State] and the Federal Court of Australia.
9.2 Nothing in this Agreement is intended to exclude, restrict, or modify any right or remedy implied by the Australian Consumer Law that cannot lawfully be excluded or limited.
10. GENERAL
10.1 This Agreement constitutes the entire agreement between the Parties with respect to the landscaping services and supersedes all prior negotiations, representations, and agreements relating to the same subject matter.
10.2 This Agreement may only be amended by a written instrument signed by both Parties.
10.3 If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions continue in full force and effect.
10.4 The Landscaper is an independent contractor and not an employee, partner, or agent of the Client.
IN WITNESS WHEREOF, the Parties have executed this Landscaping Contract as of the date first written above.
CLIENT:
Name: [Client Name]
ABN: [Client ABN]
Address: [Client Address]
LANDSCAPER:
Name: [Landscaper Name]
ABN: [Landscaper ABN]
Address: [Landscaper Address]
Client
________________
Signature
Date: ________________
Landscaper
________________
Signature
Date: ________________
What Is a Landscaping Contract (Australia)?
A Landscaping Contract in Australia records the landscaping work to be provided, the fees, the service standards, and each party's obligations between the provider and the client. The agreement is governed by the common law of contract and, where services are supplied to a consumer, the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
The contract is governed by Australian contract law and the Australian Consumer Law (ACL), which is Schedule 2 to the Competition and Consumer Act 2010 (Cth). The ACL applies uniformly in all states and territories and implies mandatory consumer guarantees that cannot be excluded. The guarantees require that landscaping services be performed with due care and skill, be fit for their specified purpose, and be completed within a reasonable time.
A Landscaping Contract provides essential protection for both parties. For the client, it records the agreed scope of work, preventing scope creep and confirming accountability for the quality of materials and workmanship. For the landscaper, it records the agreed price, payment schedule, and deposit requirements, protecting against non-payment and unreasonable variations.
The Australia Landscaping Contract (Australia) template is suitable for residential and commercial landscaping, garden design and installation, lawn mowing and regular maintenance, irrigation system installation, retaining wall and paving work, and one-time garden clean-up projects across all Australian states and territories.
The legal framework governing the Landscaping Contract (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 Landscaping Contract (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 Landscaping Contract (Australia)?
A written Landscaping Contract should be used whenever a landscaping business undertakes work for a client, whether on a one-time or ongoing basis. Verbal agreements are legally binding in Australia but are difficult to enforce because the terms are often disputed when problems arise — particularly for larger projects.
A formal contract is especially important for: major landscaping projects involving significant earthworks, structural features, or substantial plant supply; end-of-tenancy or rental property garden restoration work; commercial property grounds maintenance; new home garden installation following construction; or any project where the total value exceeds $1,000.
Many commercial property managers, body corporates, and local councils require landscaping contractors to hold a signed contract and current insurance certificates before work commences. Having a professional written contract demonstrates reliability and reduces the risk of misunderstandings.
For ongoing maintenance agreements, a written contract records the agreed frequency, scope, and rate, preventing disputes over what is included in each visit and providing a clear notice period if either party wishes to end the arrangement.
Parties in Australia should prepare a Landscaping Contract (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 Landscaping Contract (Australia)
A thorough Australian Landscaping Contract should include the following essential provisions:
Scope of services: A detailed description of all work to be performed — listing specific tasks, plant species, materials, dimensions, and any exclusions. Specificity is particularly important for landscaping contracts because the scope can easily expand.
Materials and plant responsibility: Whether the landscaper or the client is responsible for sourcing and supplying materials, plants, soil, and mulch, and the quality standard applicable to supplied materials under the ACL.
Schedule and working hours: Commencement and expected completion dates for project work, frequency for ongoing maintenance, and the permitted days and hours of work. Provisions for delays caused by weather, plant unavailability, or other factors.
Fees and payment: The pricing basis (fixed price, hourly rate, or per-visit), the total amount or rate, any deposit required, the payment schedule, invoicing frequency, and the timeframe for payment.
Permits and approvals: Which party is responsible for obtaining any development approvals, building permits, or council approvals required for structural elements such as retaining walls.
Health and safety: Compliance with the Work Health and Safety Act 2011 (Cth) and state equivalents, the client's obligation to disclose site hazards, and underground services obligations.
Insurance: The landscaper's obligation to maintain public liability insurance and workers' compensation insurance where applicable.
Consumer guarantees: Acknowledgement that ACL guarantees apply and a compliant limitation of liability clause.
Biosecurity: How invasive species and noxious weeds will be managed and disposed of in compliance with state biosecurity legislation.
Termination: Notice periods to end the agreement and entitlements upon termination.
Governing law: The state or territory whose laws apply — typically the state where the property is located.
Additional compliance elements for a Landscaping Contract (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.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Landscaping Contract (Australia) (Australia) [Legal document template]. Forms Legal. https://forms-legal.com/australia/business/services/landscaping-contract-australia
"Landscaping Contract (Australia) (Australia)." Forms Legal, 2026, https://forms-legal.com/australia/business/services/landscaping-contract-australia.
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author = {{Forms Legal}},
title = {Landscaping Contract (Australia) (Australia)},
year = {2026},
howpublished = {\url{https://forms-legal.com/australia/business/services/landscaping-contract-australia}},
note = {Free legal document template. Based on Common law of contract; Australian Consumer Law (Competition and Consumer Act 2010 (Cth) Sch 2)}
}Also available for these jurisdictions:
Frequently Asked Questions
Under sections 60 to 62 of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), when landscaping services are supplied to a consumer, the provider guarantees that the services will be performed with due care and skill, will be fit for any purpose the consumer has made known, and will be completed within a reasonable time if no time is specified. Section 54 also guarantees that any plants, materials, or supplies provided with the service will be of acceptable quality. These guarantees cannot be excluded by contract. If the provider fails to meet these guarantees, the client is entitled to a remedy, including resupply of the service or, in cases of a major failure, cancellation and a refund. Under Australia law, Corporations Act 2001 (Cth), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. 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. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
Yes, for many landscaping projects in Australia, council or state approvals may be required. Retaining walls over a certain height — for example, over 600mm to 1 metre depending on the local council — typically require a development application or building permit. Significant earthworks, stormwater drainage modifications, and removal of significant trees may also require approval. Requirements vary by local government area and state. A well-drafted landscaping contract should record who is responsible for obtaining any required approvals and what happens if approval is refused or delayed. Under Australia law, Corporations Act 2001 (Cth), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. 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. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
The Horticulture Award 2020 (MA000028) applies to employees engaged in the horticulture and nursery industry under the Fair Work Act 2009 (Cth). If your landscaping business employs workers, the Award sets minimum pay rates, penalty rates for weekends and public holidays, allowances, and other conditions. The Award applies to the employment relationship — not to the contract between your business and its clients. However, compliance with the Award affects your labour costs and therefore the rates you charge clients under a landscaping contract. Under Australia law, Corporations Act 2001 (Cth), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. 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. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
Australian state and territory biosecurity laws regulate the movement and disposal of plants, soil, and organic material to prevent the spread of invasive species and plant diseases. For example, the Biosecurity Act 2015 (NSW), the Biosecurity Act 2014 (QLD), and the Biosecurity and Agriculture Management Act 2007 (WA) impose obligations on persons dealing with declared pests and prohibited material. Landscapers must comply with applicable requirements when removing invasive weeds, transporting soil, or introducing new plants. The landscaping contract should address how invasive species and noxious weeds found on the property will be managed and disposed of. Under Australia law, Corporations Act 2001 (Cth), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. 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. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
Before commencing any excavation or digging work, landscapers in Australia are expected to contact Dial Before You Dig (DBYD) to identify the location of underground infrastructure such as gas, electricity, telecommunications, and water and sewer pipes. If a landscaper damages underground services due to failure to check for buried infrastructure, the landscaper is likely to be liable for repair costs and any consequential losses. The client is obliged to disclose any known underground services or hazards on the property. A well-drafted contract records the respective obligations of each party regarding site hazards and underground services. Under Australia law, Corporations Act 2001 (Cth), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. 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. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
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
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