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Contra Agreement for Australia

Contra Agreement Template for Australia

An Australian Contra Agreement is a legally binding document that facilitates the exchange of goods or services between two parties where no monetary payment is involved, or where partial payment is supplemented by goods or services. The agreement is structured to comply with Australian contract law and tax regulations, particularly addressing GST implications under the A New Tax System (Goods and Services Tax) Act 1999. It details the nature of goods or services being exchanged, their agreed value, delivery terms, and quality standards while ensuring compliance with Australian Consumer Law and relevant state-specific fair trading legislation.

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What is a Contra Agreement?

The Contra Agreement is essential in Australian business transactions where parties agree to exchange goods or services of equivalent value without monetary consideration, or with partial monetary payment. This type of agreement is commonly used in media, advertising, and various commercial sectors where businesses can benefit from mutual exchange of their respective goods or services. The document must comply with Australian legal requirements, including proper GST treatment and fair trading regulations. A Contra Agreement typically includes detailed specifications of the goods or services being exchanged, their agreed market value, delivery timeframes, quality standards, and tax treatment. It's particularly important to ensure the agreement meets Australian Taxation Office requirements for reporting and GST purposes, as these arrangements are treated as two separate transactions for tax purposes.

What sections should be included in a Contra Agreement?

1. Parties: Identification of all parties entering into the contra agreement

2. Background: Context of the agreement and general intention of the parties to enter into a contra arrangement

3. Definitions: Key terms used throughout the agreement

4. Exchange of Goods/Services: Core terms describing what each party will provide to the other

5. Valuation: Agreed value of goods/services being exchanged

6. Timing and Delivery: Timeframes for delivery or performance of the contra items

7. GST and Tax: Treatment of GST and tax obligations for the exchange

8. Quality and Standards: Required quality standards and specifications for goods/services

9. Term and Termination: Duration of the agreement and circumstances for termination

10. General Provisions: Standard boilerplate clauses including governing law, notices, and dispute resolution

What sections are optional to include in a Contra Agreement?

1. Intellectual Property: Required when the exchange involves creative works, branding, or IP rights

2. Confidentiality: Added when sensitive information will be shared during the arrangement

3. Insurance: Needed when high-value goods are involved or services carry significant risks

4. Performance Metrics: Used when service quality needs to be measured against specific KPIs

5. Marketing Rights: Include when parties agree to cross-promotional activities

6. Force Majeure: Added for long-term arrangements or when delivery timing is critical

7. Assignment: Include when transfer rights need to be restricted or permitted

What schedules should be included in a Contra Agreement?

1. Schedule 1 - Description of Party A's Goods/Services: Detailed specification of goods/services provided by first party

2. Schedule 2 - Description of Party B's Goods/Services: Detailed specification of goods/services provided by second party

3. Schedule 3 - Valuation Details: Breakdown of agreed values and calculation methodology

4. Schedule 4 - Delivery Schedule: Detailed timeline for exchange of goods/services

5. Schedule 5 - Service Level Requirements: Specific quality standards and performance requirements

6. Appendix A - Required Forms: Any forms or documentation required for the exchange

7. Appendix B - Tax Invoice Requirements: Specified format and details required for tax invoices

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok˰ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

tiktok˰

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions

























Clauses

























Relevant Industries

Media and Advertising

Professional Services

Retail and Consumer Goods

Entertainment and Events

Sports and Recreation

Hospitality

Digital Services

Construction and Trade Services

Manufacturing

Creative Industries

Relevant Teams

Legal

Finance

Marketing

Operations

Commercial

Business Development

Procurement

Tax

Compliance

Account Management

Relevant Roles

Commercial Manager

Business Development Manager

Finance Director

Marketing Manager

Operations Manager

Contract Administrator

Tax Manager

Chief Financial Officer

Media Buyer

Procurement Manager

Legal Counsel

Account Executive

Business Owner

Managing Director

Partnership Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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