Serviced Office Agreement (Australia)
This Serviced Office Agreement (the "Agreement") is made on [Agreement Date] in [State/Territory], Australia.
This Agreement is a licence and not a lease. It does not create a tenancy or any interest in land. The Client does not obtain exclusive possession of any part of the Centre.
1. PARTIES
1.1 Operator (Licensor): [Operator Name], ABN [Operator ABN], of [Operator Address] (the "Operator").
1.2 Client (Licensee): [Client Name], ABN [Client ABN], of [Client Address] (the "Client").
2. LICENCE GRANT AND OFFICE DETAILS
2.1 Business Centre: [Centre Name] (the "Centre").
2.2 Allocated Office: Subject to the terms of this Agreement, the Operator grants the Client a non-exclusive licence to occupy and use [Office Unit] (the "Office") at the Centre for the Licence Term.
2.3 Shared Facilities: The Client is also licensed to use the shared facilities of the Centre on a non-exclusive basis in common with other clients of the Centre, subject to availability and the Centre's booking procedures.
2.4 Nature of Licence: This Agreement creates a licence only. The Client acknowledges that it does not obtain a leasehold interest, exclusive possession, or any proprietary right in any part of the Centre. The Operator retains control of the Centre and may relocate the Client to comparable alternative office space within the Centre on 5 business days' notice.
3. INCLUDED SERVICES
3.1 Included Services: The monthly licence fee includes the following services and facilities: [Included Services].
3.2 Additional Services: The following additional services are available at extra cost: [Additional Services].
3.3 Meeting Room Bookings: [Meeting Room Booking]. Meeting rooms included in the licence fee must be booked in advance and are subject to availability. Included meeting room hours cannot be carried over from one month to the next.
3.4 Service Standards: The Operator will use reasonable endeavours to maintain the included services but does not guarantee uninterrupted access to any service. The Operator is not liable for any interruption to internet services, power, or telephone services caused by third-party providers or events beyond the Operator's reasonable control.
4. LICENCE TERM, FEES, AND PAYMENT
4.1 Commencement Date: [Commencement Date].
4.2 Licence Term: [Licence Term].
4.3 Monthly Licence Fee: AUD $[Monthly Fee] per month (excluding GST). GST of 10% is payable in addition under the A New Tax System (Goods and Services Tax) Act 1999 (Cth). The Operator must issue a valid tax invoice for each month's licence fee.
4.4 Payment: The monthly licence fee is payable monthly in advance, on or before the first day of each month. Payment is to be made by direct debit or electronic funds transfer (EFT) to the Operator's nominated bank account.
4.5 Fee Review: The Operator may review the monthly licence fee on not less than 30 days' written notice to the Client. If the Client does not accept the new fee, the Client may terminate this Agreement by giving the notice period specified in clause 5.2.
4.6 Security Deposit: On or before the commencement date, the Client must pay the Operator a refundable security deposit of AUD $[Security Deposit] (excluding GST). The security deposit will be returned to the Client within 14 days after the end of the licence term, less any amounts owed by the Client.
5. TERMINATION AND NOTICE
5.1 Expiry: If the licence is for a fixed term, it expires automatically on the last day of that term unless renewed by written agreement.
5.2 Termination by Notice: Either party may terminate this Agreement by giving the other party [Notice Period]. For a month-to-month licence, notice must be given on or before the first day of the last month of the licence.
5.3 Termination for Breach: The Operator may terminate this Agreement immediately by written notice if: (a) the Client fails to pay any amount due within 7 days of the due date; (b) the Client is in material breach of this Agreement and fails to remedy the breach within 5 business days of written notice; or (c) the Client becomes insolvent or is placed into administration, receivership, or liquidation.
5.4 Vacating: On termination or expiry, the Client must immediately vacate the Office and remove all property, equipment, and signage. Any property not removed within 24 hours may be stored at the Client's cost or disposed of by the Operator.
6. CLIENT OBLIGATIONS AND HOUSE RULES
6.1 Permitted Use: The Client may use the Office only for lawful business purposes consistent with the professional nature of the Centre. The Client must not conduct any business that is illegal, offensive, or likely to interfere with or cause nuisance to other clients of the Centre.
6.2 House Rules: The Client must comply with the Centre's house rules as notified by the Operator from time to time. The house rules may cover matters including noise levels, visitor management, use of shared kitchens and bathrooms, reception of deliveries, and use of shared equipment.
6.3 Care of Premises: The Client must keep the Office clean and tidy and must not damage any part of the Centre's fixtures, fittings, or equipment. The Client is liable for any damage caused by the Client or the Client's employees, contractors, or visitors beyond fair wear and tear.
6.4 Insurance: The Client must maintain public liability insurance for a minimum of AUD $10,000,000 per occurrence and contents insurance for the Client's equipment and property. The Operator's insurance does not cover the Client's property.
6.5 No Sublicensing: The Client must not sublicence, share, or transfer the use of the Office or any included services to any third party without the Operator's prior written consent.
7. LIABILITY AND DISPUTE RESOLUTION
7.1 Limitation of Liability: To the maximum extent permitted by law, the Operator's liability for any claim arising under or in connection with this Agreement is limited to the amount of monthly licence fees paid by the Client in the three months preceding the claim.
7.2 Australian Consumer Law: Nothing in this Agreement excludes any right, guarantee, or remedy that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
7.3 Dispute Resolution: Any dispute that cannot be resolved by negotiation within 14 days must be referred to mediation before proceedings are commenced in any court or tribunal.
8. GENERAL PROVISIONS
8.1 This Agreement is governed by the laws of [State/Territory], Australia.
8.2 This Agreement constitutes the entire agreement between the parties with respect to the use of the Office and the Centre.
8.3 The Operator may update the house rules and service inclusions on 14 days' written notice to the Client.
EXECUTION
Executed by the parties as an agreement:
OPERATOR (LICENSOR)
[Operator Name]
ABN: [Operator ABN]
CLIENT (LICENSEE)
[Client Name]
ABN: [Client ABN]
Operator (Licensor)
________________
Signature
Date: ________________
Client (Licensee)
________________
Signature
Date: ________________
What Is a Serviced Office Agreement (Australia)?
A Serviced Office Agreement in Australia records the serviced office arrangement agreed between the parties and the specific obligations each side accepts, forming a binding agreement under the Real Property Act 1900 (NSW).
Serviced office centres (also known as managed offices, executive suites, or flexible workspace centres) have grown significantly in Australia over the past decade. Major operators in the Australian market include both international brands and local operators offering centres in CBD and suburban locations across Sydney, Melbourne, Brisbane, Perth, Adelaide, Canberra, and other cities. These centres offer a thorough range of services bundled into an all-inclusive monthly fee, providing businesses with a flexible, low-cost alternative to committing to a traditional commercial lease.
The legal framework governing serviced office agreements in Australia is primarily contract law. Because serviced office agreements are licences (not leases), the state-based Retail Leases Acts and Commercial Tenancy legislation generally do not apply. This gives operators considerably more flexibility in setting pricing, adjusting service levels, and terminating the arrangement on short notice. For clients, this means the substantial statutory protections that apply to commercial tenants — including mandatory disclosure obligations, restrictions on rent increases, and minimum lease terms — are not available. This makes it even more important that the serviced office agreement is carefully drafted to clearly set out the client's rights regarding notice periods, service levels, fee reviews, and the security deposit.
Key features of an Australian serviced office agreement include: the definition of the allocated office unit; the thorough list of included services (reception, internet, meeting rooms, kitchen, utilities); the all-inclusive monthly licence fee and GST treatment; the security deposit and refund conditions; the notice period for termination; the operator's right to relocate the client; the client's obligations (house rules, no sublicensing); and the limitation of the operator's liability.
The legal framework governing the Serviced Office Agreement (Australia) in Australia draws on several key statutes and regulatory bodies. Under state and territory residential tenancies legislation, including the Residential Tenancies Act 1997 (Vic), Residential Tenancies Act 2010 (NSW), and equivalent Acts in other jurisdictions, tenancy tribunals (NCAT in NSW, VCAT in Victoria) adjudicate disputes. The Real Property Act 1900 (NSW) and Transfer of Land Act 1958 (Vic) govern property registration through state land registries. Section 52 of the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010) prohibits misleading conduct in property transactions. The Foreign Acquisitions and Takeovers Act 1975 (Cth) requires FIRB approval for foreign purchasers. Parties executing a Serviced Office Agreement (Australia) in Australia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Real Property Act 1900 (NSW) sets the foundational requirements.
When Do You Need a Serviced Office Agreement (Australia)?
A Serviced Office Agreement is required whenever a business seeks to occupy workspace in a managed office or co-working centre in Australia. It is an essential document in the following situations:
For start-ups and small businesses that need a professional office presence but cannot commit to the cost and term of a traditional commercial lease, a serviced office agreement provides access to premium office space, reception services, and business infrastructure on a flexible month-to-month or short-term basis.
For established businesses that are expanding into a new city or region and need a temporary or satellite office while they assess the local market, a serviced office agreement provides a low-risk entry point without the need for fit-out investment or a long-term lease commitment.
For businesses that are downsizing or restructuring and need to reduce their office footprint quickly, a serviced office licence — with its short notice period — provides an exit from the obligation of a long-term lease.
For professional services firms (law firms, accounting firms, financial advisers, consultants) that need a meeting room or boardroom in a different city for occasional client meetings, a serviced office agreement that includes meeting room access can provide a cost-effective solution.
For remote-first or hybrid businesses that want to provide their team with access to a professional workspace without the cost of a dedicated office lease, a co-working or hot-desk licence agreement with a managed workspace operator offers the flexibility that modern work practices require.
In all of these situations, both the operator and the client benefit from having a clearly drafted serviced office agreement that records the agreed terms, including the services included in the fee, the notice period for termination, the security deposit arrangements, and the client's obligations regarding the use of the centre.
What to Include in Your Serviced Office Agreement (Australia)
A well-drafted Australian Serviced Office Agreement should clearly address all key commercial terms and the legal framework of the licence arrangement.
The licence grant section must make clear that the agreement is a personal licence, not a lease. This is the foundation of the entire arrangement and should be stated clearly and explicitly in the agreement. It should also describe the nature of the client's right — non-exclusive use of the allocated office and shared facilities — and the operator's right to relocate the client to comparable alternative space on reasonable notice.
The office unit and included services section is one of the most commercially important parts of the agreement. It should precisely identify the office unit (including its number, size, and location within the centre) and set out a thorough and specific list of all services and facilities included in the monthly fee. Vague descriptions of 'office services' or 'standard facilities' have led to disputes when clients discover that services they expected to be included attract additional charges.
The monthly licence fee section must state the fee exclusive of GST, confirm that GST is payable in addition, and set out the payment terms (advance monthly payment, direct debit). It should also specify the process by which the operator may review and increase the fee, and the notice required for any increase.
The security deposit section must clearly state the deposit amount, the conditions under which the operator may draw on it (non-payment, damage), and the timeframe and conditions for its return. Disputes about the return of security deposits are common in the serviced office industry.
The termination section should specify the notice period for each party to terminate the agreement, the conditions under which the operator may terminate immediately, and the client's obligations on vacating (including the removal of all property). For fixed-term agreements, it should address any early termination penalty.
The client obligations section should incorporate the centre's house rules, the requirement to maintain public liability insurance, the prohibition on sublicensing, and the obligation to use the office only for lawful business purposes. It should also address the consequences of breach and the process for resolving disputes.
Additional compliance elements for a Serviced Office Agreement (Australia) used in Australia include: Under state and territory residential tenancies legislation, including the Residential Tenancies Act 1997 (Vic), Residential Tenancies Act 2010 (NSW), and equivalent Acts in other jurisdictions, tenancy tribunals (NCAT in NSW, VCAT in Victoria) adjudicate disputes. The Real Property Act 1900 (NSW) and Transfer of Land Act 1958 (Vic) govern property registration through state land registries. Section 52 of the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010) prohibits misleading conduct in property transactions. The Foreign Acquisitions and Takeovers Act 1975 (Cth) requires FIRB approval for foreign purchasers. 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). Serviced Office Agreement (Australia) (Australia) [Legal document template]. Forms Legal. https://forms-legal.com/australia/real-estate/leases/serviced-office-agreement-australia
"Serviced Office Agreement (Australia) (Australia)." Forms Legal, 2026, https://forms-legal.com/australia/real-estate/leases/serviced-office-agreement-australia.
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author = {{Forms Legal}},
title = {Serviced Office Agreement (Australia) (Australia)},
year = {2026},
howpublished = {\url{https://forms-legal.com/australia/real-estate/leases/serviced-office-agreement-australia}},
note = {Free legal document template. Based on Real Property Act 1900 (NSW)}
}Frequently Asked Questions
A serviced office agreement in Australia is almost always structured as a licence rather than a lease. This is a deliberate and important legal distinction. A lease grants the tenant exclusive possession of the premises and an interest in land, which triggers a range of statutory protections for the tenant — including, in some states, the protections of the Retail Leases Act or the Commercial Tenancy legislation. A licence, by contrast, grants only a personal right to use the premises and does not confer exclusive possession or a proprietary interest in the land. This distinction means that the serviced office operator retains control of the centre and can relocate the client to alternative office space within the centre without the client's consent (subject to the terms of the agreement). It also means the Retail Leases Acts do not apply, giving the operator significantly more flexibility in pricing, termination, and service delivery. For the client, the key advantages of a licence over a lease are flexibility (shorter notice periods), all-inclusive pricing, and the ability to scale up or down quickly. The key disadvantage is less security of tenure — the operator may terminate the licence on relatively short notice.
Australian serviced office and co-working centres typically offer a bundle of services included in the all-inclusive monthly licence fee. Standard inclusions commonly comprise: a private office or workstation allocated to the client; high-speed internet access (typically via fibre, with speeds of 100 Mbps to 1 Gbps); a business address for mail, couriers, and business registration purposes; reception services including call answering, message taking, and greeting of visitors; use of shared kitchen or breakout facilities including tea, coffee, and filtered water; access to meeting and boardrooms for an included number of hours per month (typically 4 to 10 hours); 24/7 building access via security pass; utilities including electricity, gas, and water; building cleaning and maintenance; and basic printing and photocopying (subject to a page allowance). Additional services available at extra cost typically include additional meeting room hours, dedicated car parking, additional printing pages, virtual office services (for non-occupying clients), business signage, and secretarial or administrative support. The range of included services varies significantly between operators, and clients should carefully compare inclusions when evaluating different centres.
The notice period required to terminate a serviced office agreement in Australia varies depending on the initial licence term and the terms negotiated between the parties. For month-to-month (rolling monthly) agreements, the standard notice period is 30 days' written notice. For fixed-term agreements (e.g. 6 months or 12 months), the agreement will typically provide that either party may terminate by giving notice on or before a specified date, or that the licence expires automatically at the end of the fixed term unless renewed. Australian serviced office operators generally do not provide the extensive notice and procedural protections that apply to commercial leases under the state Retail Leases Acts, because serviced office agreements are licences rather than leases. The operator may also have the right to terminate immediately for non-payment of fees or serious breach of the house rules. Clients considering a serviced office should carefully review the termination provisions, including whether there is an early termination fee for exiting a fixed-term agreement before the end of the term. Some operators require the payment of the balance of the licence fee for the remainder of the term if the client terminates early without cause.
Yes. All services provided under an Australian serviced office agreement — including the monthly licence fee, meeting room charges, and any additional services — are taxable supplies for GST purposes under the A New Tax System (Goods and Services Tax) Act 1999 (Cth). This means GST of 10% is payable in addition to the stated fee. The operator must be registered for GST and must issue valid tax invoices for all payments. The client can claim an input tax credit for the GST paid on serviced office fees, provided the client is registered for GST and uses the office for business purposes that are taxable supplies. It is standard practice in the Australian serviced office industry to quote monthly fees exclusive of GST, with GST payable in addition, so clients should factor the additional 10% into their cost comparisons.
Yes. Most Australian serviced office operators permit clients to use the centre's address as their registered business address for Australian Business Register (ABR) and ASIC purposes, as well as for general business communications and marketing. Using a premium CBD address from a serviced office can enhance a business's professional image and credibility. For ASIC purposes, a company's registered office address must be a place at which ASIC can serve documents during business hours. Serviced office addresses generally satisfy this requirement, provided the centre is open during normal business hours and can accept ASIC documents. The client should confirm that the operator permits use of the address as an ASIC registered office before relying on it for this purpose. Some operators offer 'virtual office' products that provide the address and mail forwarding services without physical office occupation, which may or may not be accepted by ASIC as a registered office address. Clients requiring a virtual office arrangement (as opposed to physical occupation) should requires the serviced office agreement expressly permits use of the address for ABR, ASIC, and other official purposes.
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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