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Service Contract for Painting Services (Australia)

Painting Service Contract (Australia)

Residential & Commercial Painting — ACL, Home Building Act, WHS Act 2011

This Painting Service Contract (the "Agreement") is entered into on [Agreement Date] between [Client Name] (ABN: [Client ABN]) of [Client Address] (the "Client") and [Painter Name] (ABN: [Painter ABN], Licence No: [Painter Licence]) of [Painter Address] (the "Painter"). The Client and the Painter are each referred to individually as a "Party" and collectively as the "Parties".

1. SCOPE OF PAINTING WORKS

1.1 The Painter agrees to perform the following painting services (the "Works") at the property located at [Property Address] (the "Property"), being a [Property Type]:

[Painting Scope]

1.2 Paint specification: [Paint Specification]. Materials: [Materials Supplied].

1.3 All Works shall be performed in a proper and workmanlike manner, using suitable materials and techniques, consistent with the consumer guarantee of due care and skill under section 60 of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

1.4 Any variation to the scope of Works must be agreed in writing by both Parties prior to commencement of the varied work. Variations may affect the contract price and completion date.

1.5 Surface preparation: The Painter will perform necessary surface preparation including filling minor cracks and holes, light sanding, and cleaning surfaces to ensure proper paint adhesion, as specified in clause 1.1. Significant structural defects, water damage, lead paint assessment or removal, or removal of existing wallpaper are not included unless expressly stated.

2. LICENSING AND QUALIFICATIONS

2.1 The Painter warrants that they hold all licences, permits, and qualifications required by the laws of [Governing State] to perform the Works. In New South Wales, painting work valued at $5,000 or more (including labour and materials) may only be performed by a holder of a contractor licence under the Home Building Act 1989 (NSW). Equivalent licensing requirements apply under the building legislation of Victoria, Queensland, Western Australia, South Australia, and the Australian Capital Territory.

2.2 The Painter's current licence number is: [Painter Licence]. The Painter must maintain this licence current and must notify the Client immediately if the licence is suspended, cancelled, or made subject to conditions preventing performance of the Works.

2.3 Where the Works constitute domestic building work under applicable state or territory legislation, the Painter acknowledges that statutory warranties and other protections applicable to domestic building work apply to this Agreement and cannot be excluded.

3. SCHEDULE AND COMPLETION

3.1 The Painter will commence the Works on or about [Start Date] and will use best endeavours to complete the Works by [Completion Date], subject to the provisions of clause 3.2.

3.2 The completion date is subject to extension for delays caused by: (a) adverse weather conditions preventing exterior painting or adequate drying; (b) failure of the Client to provide timely access to the Property or to make required decisions such as colour selection; (c) discovery of unforeseen conditions including lead paint, significant moisture damage, or structural issues requiring remediation before painting; or (d) variations to the scope of Works requested by the Client.

3.3 Painting will be performed during the following hours: [Working Hours]. The Painter will not access the Property outside these hours without the Client's prior written consent.

3.4 The Client must ensure that the Property (or the relevant areas) are accessible to the Painter at the agreed times. Where the Property is occupied, the Client must take reasonable steps to facilitate safe and unimpeded access to all areas within the agreed scope of Works.

4. CONTRACT PRICE AND PAYMENT

4.1 The total contract price for the Works is [Contract Price] (exclusive of GST unless stated otherwise). GST status: [GST Included]. If the Painter is registered for Goods and Services Tax (GST) under the A New Tax System (Goods and Services Tax) Act 1999 (Cth), GST of 10% will be added to all fees. The Painter will issue valid tax invoices.

4.2 A deposit of [Deposit Amount] is payable before the Works commence. In New South Wales, for contracts over $20,000, the maximum deposit is 10% of the contract price under section 8 of the Home Building Act 1989 (NSW). Equivalent deposit caps apply under domestic building legislation of other states and territories.

4.3 Progress payments: [Progress Payments]. All payments are due within 7 days of the relevant progress claim or invoice date and shall be made by [Payment Method].

4.4 Final payment is due and payable upon completion of all Works and the Client's sign-off. Where the Client unreasonably withholds sign-off, payment becomes due 7 days after practical completion.

4.5 If any amount is not paid by the due date, the Painter may: (a) suspend the Works by written notice until payment is made; and (b) charge interest at the rate of 2% per annum above the Reserve Bank of Australia cash rate from the due date until the date of payment.

5. CLIENT OBLIGATIONS

5.1 The Client must: (a) provide the Painter with safe and lawful access to the Property at the agreed times; (b) remove or protect furniture, floor coverings, and other items at risk of paint contamination before each painting session; (c) disclose any known hazards at the Property, including asbestos-containing materials or lead paint; (d) make timely colour selections and other decisions required for the Painter to proceed; and (e) ensure that other trades whose work must precede or follow painting are appropriately coordinated.

5.2 If the Property contains asbestos-containing materials, the Client must arrange for a licensed asbestos assessor to identify and manage the hazard in accordance with applicable WHS legislation and codes of practice before the Painter commences work in the affected areas.

6. INSURANCE

6.1 The Painter must maintain the following insurance throughout the performance of the Works: (a) public liability insurance of not less than $5,000,000 (AUD) per occurrence; and (b) workers' compensation insurance as required by the laws of [Governing State] for all employees engaged on the Works.

6.2 In NSW and other states where residential building work insurance (home warranty or domestic building insurance) is required by law for contracts above the relevant threshold, the Painter must hold current insurance under the applicable scheme and provide the Client with evidence of cover before commencing the Works.

6.3 The Painter will provide the Client with current certificates of insurance upon request.

7. WORK HEALTH AND SAFETY

7.1 Both the Painter and the Client are persons conducting a business or undertaking (PCBUs) with concurrent duties under the Work Health and Safety Act 2011 (Cth) and equivalent [Governing State] WHS legislation. Each Party must comply with their respective primary duty of care to ensure the health and safety of all workers and other persons who may be affected by the Works.

7.2 The Painter must: (a) comply with all applicable WHS laws, safe work practices, and industry codes of practice for painting and decorating work; (b) use appropriate personal protective equipment (PPE) including respiratory protection when using solvents or hazardous materials; (c) erect and maintain all scaffolding and working at heights equipment in accordance with the relevant WHS codes of practice; (d) ensure all chemicals, paints, and solvents are stored, handled, and disposed of in compliance with relevant safety data sheets (SDS) and environmental regulations; and (e) promptly report any workplace incidents, injuries, or near misses to the Client and to the relevant state or territory WHS regulator.

8. DEFECTS AND WARRANTY

8.1 The Painter warrants that the Works will be free from defects in workmanship for 12 months from the date of practical completion (the "Defects Liability Period"). This warranty covers peeling, blistering, or flaking resulting from defective preparation or application, and does not extend to damage caused by the Client, normal weathering, or structural movement.

8.2 The Client must notify the Painter in writing of any defect within the Defects Liability Period within 14 days of discovering the defect. The Painter must rectify the defect at the Painter's own cost within a reasonable time.

8.3 Where the Works constitute domestic building work in [Governing State], statutory warranties under the applicable state or territory legislation apply in addition to this clause and cannot be reduced by contract. In NSW, a statutory warranty of 2 years applies to defects in workmanship and materials under section 18B of the Home Building Act 1989 (NSW).

8.4 Consumer guarantees under the Australian Consumer Law apply to this Agreement and cannot be excluded. These include the guarantee that services will be performed with due care and skill (s 60 ACL) and that materials will be of acceptable quality (s 54 ACL).

9. LIABILITY

9.1 To the maximum extent permitted by the Australian Consumer Law and other applicable law, the Painter's total liability for any loss or damage arising from or in connection with this Agreement is limited to the total contract price.

9.2 Neither Party is liable to the other for indirect, consequential, or economic loss, including loss of income or loss of use. Nothing in this clause limits liability for: (a) death or personal injury caused by negligence; (b) fraud; or (c) any guarantee or right that cannot lawfully be excluded under the Australian Consumer Law.

10. TERMINATION

10.1 Either Party may terminate this Agreement by providing 7 days' written notice to the other Party. If the Client terminates after Works have commenced, the Client must pay for all Works completed to the termination date, plus the Painter's reasonable demobilisation costs and the cost of materials ordered for the Works.

10.2 Either Party may terminate this Agreement immediately by written notice if the other Party commits a material breach that is not remedied within 7 days of written notice requiring remedy.

10.3 The Painter may suspend or terminate the Works if the Client fails to pay any amount due under this Agreement within 7 days of the due date, following written notice of the default.

11. DISPUTE RESOLUTION

11.1 If a dispute arises, the Parties must first attempt resolution by good-faith negotiation within 14 days of written notice of the dispute. If unresolved, either Party may refer the matter to: (a) the relevant state or territory consumer protection authority (such as NSW Fair Trading or Consumer Affairs Victoria); (b) the appropriate state building disputes tribunal (such as NCAT in NSW or VCAT in Victoria); or (c) mediation conducted by an agreed mediator.

11.2 Nothing in this clause prevents a Party from seeking urgent injunctive or declaratory relief from a court of competent jurisdiction.

12. GOVERNING LAW

12.1 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.

12.2 Nothing in this Agreement excludes, restricts, or modifies any right, guarantee, or remedy under the Australian Consumer Law that cannot lawfully be excluded.

13. GENERAL

13.1 This Agreement constitutes the entire agreement between the Parties regarding the Works and supersedes all prior negotiations, representations, and agreements on the same subject matter.

13.2 This Agreement may only be amended in writing, signed by both Parties.

13.3 If any provision of this Agreement is unenforceable, the remaining provisions continue in full force.

13.4 The Painter is an independent contractor and not an employee of the Client. Nothing in this Agreement creates a partnership, joint venture, or employment relationship.

EXECUTED as an agreement on the date stated above.

CLIENT:

Name: [Client Name]

ABN: [Client ABN]

Address: [Client Address]

Phone: [Client Phone] | Email: [Client Email]

PAINTER / PAINTING CONTRACTOR:

Name: [Painter Name]

ABN: [Painter ABN]

Licence No: [Painter Licence]

Address: [Painter Address]

Phone: [Painter Phone] | Email: [Painter Email]

Client

________________

Signature

Date: ________________

Painter

________________

Signature

Date: ________________

Maintained by Vladislav Sergienko, Founder·Template last modified: ·Report an error

What Is a Service Contract for Painting Services (Australia)?

A Service Contract for Painting Services in Australia records the painting 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)).

Painting is a regulated trade in most Australian states and territories for contracts above applicable value thresholds. In New South Wales, the Home Building Act 1989 (NSW) requires a contractor licence for residential painting work where the total contract price is $5,000 or more (including GST). Queensland, Victoria, Western Australia, and other states have their own licensing frameworks administered by the relevant building and construction commissions and consumer protection agencies.

The Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) implies non-excludable consumer guarantees into painting service contracts, requiring that services be performed with due care and skill and that materials be of acceptable quality. The Work Health and Safety Act 2011 (Cth) and its state equivalents impose safety obligations on painting contractors — particularly for work at height and management of lead paint and asbestos in older buildings.

The Australia Service Contract for Painting Services (Australia) template is suitable for residential interior and exterior painting, commercial painting, strata building repainting, roof painting, protective coatings, and restoration projects across all Australian states and territories.

The legal framework governing the Service Contract for Painting Services (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 Service Contract for Painting Services (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 Service Contract for Painting Services (Australia)?

A written Service Contract for Painting Services should be used for any painting engagement above a nominal value. Verbal agreements are difficult to enforce when disputes arise about colour, surface preparation, quality, or costs.

A painting service contract is particularly important for: large exterior painting projects on residential homes or commercial buildings where the scope, colour schedule, and preparation work must be carefully documented; strata and apartment building repaints where multiple owners or a body corporate are involved; commercial painting contracts with property managers or facility operators who have procurement and compliance requirements; any engagement where specialised coatings, protective finishes, or anti-corrosion treatments are to be applied; and any project where the contract price reaches the licensing threshold applicable in the relevant state or territory.

For painting businesses, a written contract protects against disputes over colour (the most common cause of painting disputes), undocumented variations, non-payment, and allegations of inadequate surface preparation. For clients, a written contract documents the painter's licence, guarantees that agreed paints and preparation methods will be used, and provides a record of the warranty terms.

Parties in Australia should prepare a Service Contract for Painting Services (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 Service Contract for Painting Services (Australia)

A thorough Australian Service Contract for Painting Services should include the following key elements.

Contractor licence details: The painter's contractor licence number and the issuing state or territory authority, where a licence is required by applicable law. This demonstrates compliance with mandatory licensing requirements.

ABN: The painter's Australian Business Number, required for valid tax invoices under the GST Act.

Scope of work: A detailed description of all surfaces to be painted, areas excluded from the scope, and the specific work to be performed including preparation, priming, and number of topcoats.

Colour schedule: The specific paint brand, product name, colour name and code, sheen level, and number of coats for each surface or area. The colour schedule should be signed by both parties and forms part of the contract.

Surface preparation: An explicit description of all preparation work included in the quote, such as pressure washing, sanding, filling, caulking, and priming, so that both parties have a shared understanding of what is included.

Fees, deposit, and GST: The fixed price or rate, deposit amount, GST treatment, invoicing procedure, and payment terms.

Warranty: The workmanship warranty period, the types of defects covered (peeling, bubbling, fading), and exclusions such as damage caused by moisture, weather events, or structural movement.

Insurance: Public liability insurance (minimum $10 million per occurrence), workers' compensation where workers are employed, and any home warranty insurance required under applicable legislation.

Work health and safety: WHS compliance obligations under the Work Health and Safety Act 2011 (Cth), obligations for working at height, and procedures for managing lead paint and asbestos in older buildings.

Australian Consumer Law: Acknowledgement of non-excludable consumer guarantees and a proportionate limitation of liability clause consistent with section 64A of the ACL.

Additional compliance elements for a Service Contract for Painting Services (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:

APA

Forms Legal. (2026). Service Contract for Painting Services (Australia) (Australia) [Legal document template]. Forms Legal. https://forms-legal.com/australia/business/services/service-contract-painting-australia

MLA

"Service Contract for Painting Services (Australia) (Australia)." Forms Legal, 2026, https://forms-legal.com/australia/business/services/service-contract-painting-australia.

BibTeX
@misc{formslegal-service-contract-painting-australia,
  author       = {{Forms Legal}},
  title        = {Service Contract for Painting Services (Australia) (Australia)},
  year         = {2026},
  howpublished = {\url{https://forms-legal.com/australia/business/services/service-contract-painting-australia}},
  note         = {Free legal document template. Based on Common law of contract; Australian Consumer Law (Competition and Consumer Act 2010 (Cth) Sch 2)}
}

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Frequently Asked Questions

Based on Common law of contract; Australian Consumer Law (Competition and Consumer Act 2010 (Cth) Sch 2) — Template last modified June 2026Verify the source →

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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Create a legally compliant Independent Contractor Agreement for Australia. Covers ABN requirements, sham contracting protections, GST, IP ownership, WHS obligations, and the multi-factor contractor test under Fair Work Act 2009. Suitable for all states and territories including NSW, VIC, QLD, WA, SA, and ACT.

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.