Catering Agreement (Australia)

An Event Management Agreement is a commercial services contract between an event organiser or event management company and a client, setting out the terms under which the organiser will plan, coordinate, and execute an event on the client's behalf. In Australia, these agreements must address the legal framework established by the Australian Consumer Law (ACL) — Schedule 2 of the Competition and Consumer Act 2010 (Cth) — as well as the Work Health and Safety Act 2011 (Cth) and applicable state-based liquor licensing legislation. Event management is a substantial industry in Australia, spanning corporate conferences and seminars, gala dinners, awards ceremonies, product launches, trade shows, wedding receptions, music festivals, sporting events, and charity fundraisers. Regardless of the event type, a well-drafted agreement is essential to define the scope of services, fees, and each party's responsibilities before any planning commences. The Australian Consumer Law imposes mandatory statutory guarantees on all supplies of services in Australia. Under section 60, services must be performed with due care and skill. Under section 61, any goods or materials supplied in connection with the services must be reasonably fit for purpose. These guarantees cannot be excluded by agreement, and apply equally to event management services. Any attempt by the organiser to contract out of these statutory guarantees is void. The Work Health and Safety Act 2011 (Cth) — or the equivalent state-based WHS legislation in states that have not adopted the model WHS Act — imposes obligations on every person conducting a business or undertaking (PCBU) to ensure, so far as is reasonably practicable, the health and safety of workers and other persons who may be affected by the undertaking. At a managed event, both the event organiser and the venue operator may be PCBUs with overlapping duties. The agreement should clearly allocate primary WHS responsibility and address how the parties will cooperate on risk assessment, safety management plans, and emergency procedures. Liquor licensing is a significant compliance area for events involving alcohol. Each Australian state and territory has its own Liquor Act administered by a licensing authority (e.g., Liquor & Gaming NSW, Liquor Control Victoria, the Office of Liquor and Gaming Regulation in Queensland). An event at which alcohol is served must be conducted either under the venue's existing liquor licence or under a temporary licence or function licence obtained specifically for the event. The Responsible Service of Alcohol (RSA) framework applies in all jurisdictions, requiring that all persons serving alcohol have completed RSA training and hold a current RSA certificate. The event management agreement should clearly address whether the organiser is responsible for arranging the licence and RSA compliance, or whether those obligations rest with the client or the venue. Force majeure and cancellation provisions are essential components of any Australian event management agreement, particularly given the frequency of adverse weather events, public health emergencies, and government directions that can prevent events from proceeding. The COVID-19 pandemic demonstrated how quickly a large-scale event can be prohibited by state government health directions, and Australian courts have considered the application of contractual force majeure and common law frustration to event cancellations. A well-drafted agreement should define the events constituting force majeure, specify the notice obligations, and provide a clear framework for refunds or fee adjustments. Intellectual property is another important consideration. Event concepts, logos, promotional materials, photography, video recordings, and custom branding created in connection with the event may be protected by copyright under the Copyright Act 1968 (Cth) and by trade mark registration under the Trade Marks Act 1995 (Cth). The agreement should address who owns the intellectual property created, what licences are granted, and whether the organiser may use the event in its own marketing portfolio. From a tax perspective, event management fees are subject to GST at 10% under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) where the organiser is registered for GST. The organiser must issue a valid tax invoice for all taxable supplies. Disbursements incurred on the client's behalf (venue hire, catering, AV equipment, entertainment) should be separately identified and supported by tax invoices, allowing the client to claim input tax credits where applicable.

A Venue Hire Agreement is a contract between a venue owner or operator and a hirer, granting the hirer the right to use the venue for a specified event or function during an agreed hire period, in exchange for a hire fee and security bond. In Australia, venue hire agreements must address obligations under the Australian Consumer Law (ACL), state-based liquor licensing legislation, noise regulations, and the Work Health and Safety Act 2011 (Cth) or equivalent state WHS legislation. Venues hired for private and commercial events in Australia range from hotel ballrooms and function centres to community halls, rooftop terraces, art galleries, warehouse spaces, and outdoor parks and gardens. Each venue presents different regulatory requirements depending on its location, occupancy class, and the nature of the event. A well-drafted venue hire agreement addresses all of these variables and provides a clear legal framework for both parties. The Australian Consumer Law (ACL) — Schedule 2 of the Competition and Consumer Act 2010 (Cth) — applies to the hire of venues for events. The venue operator, as a supplier of services in trade or commerce, must ensure that the venue is reasonably fit for the purpose for which it is hired, and must not engage in misleading or deceptive conduct in promoting the venue or its facilities under section 18 of the ACL. The unfair contract terms provisions in Part 2-3 of the ACL apply to standard form consumer contracts, meaning that venue hire agreements offered to consumers on a take-it-or-leave-it basis must not contain terms that are unfair within the meaning of section 24. Liquor licensing is one of the most important regulatory compliance areas in Australian venue hire. Each state and territory has its own Liquor Act and a dedicated licensing authority that administers licences for the service of alcohol: Liquor & Gaming NSW, Liquor Control Victoria, the Office of Liquor and Gaming Regulation in Queensland, Consumer and Business Services in South Australia, the Department of Local Government, Sport and Cultural Industries in Western Australia, the Liquor Licensing Division in Tasmania, the Liquor Commission in the Northern Territory, and the ACT Gaming and Liquor Licensing branch. The venue hire agreement must clearly state whether the venue holds a licence that covers the event, whether the hirer must arrange their own licence (e.g., a temporary or function licence), and who is responsible for ensuring Responsible Service of Alcohol (RSA) compliance. Noise regulations are a significant concern for venue operators and hirers. In Australia, noise from events is regulated at multiple levels: under the Protection of the Environment Operations Act 1997 (NSW) and its equivalents in other states, under local government development approvals and noise management plans, and under venue-specific conditions attached to the venue's liquor licence. A venue hire agreement should specify the applicable noise curfew, the maximum permitted sound levels, and the hirer's obligation to comply with these requirements. Breach of noise conditions can result in immediate closure of the event by police or licensing inspectors. Work Health and Safety obligations apply to the venue hire context under the Work Health and Safety Act 2011 (Cth) or applicable state WHS legislation. During the hire period, the hirer takes on responsibility for the event activities and the persons attending, and must comply with WHS obligations as a PCBU. The venue operator retains obligations for the structural safety of the venue and the safety of its permanent equipment. Both parties must cooperate and coordinate on WHS matters. The security bond is a standard feature of venue hire agreements in Australia. The bond is typically set at an amount sufficient to cover the cost of repairing foreseeable damage to the venue or its contents, and is held by the venue operator as security against damage, breach of hire conditions, or failure to vacate by the required time. The agreement should specify the bond return period after the event (typically 7–21 business days) and the circumstances in which the bond may be forfeited or reduced. Capacity limits are legally mandated in Australia under building regulations and fire safety standards. The Building Code of Australia (BCA) sets maximum occupant load calculations for different occupancy classes. A venue hire agreement must state the maximum approved capacity for the hired space and impose an obligation on the hirer to ensure that the capacity limit is not exceeded at any time during the event.

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.

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.

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.