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Due Diligence Engagement Letter Template for Australia

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Key Requirements PROMPT example:

Due Diligence Engagement Letter

"I need a Due Diligence Engagement Letter for my law firm to conduct vendor due diligence on a mining company in Western Australia, with completion targeted for March 2025, including specific provisions for environmental compliance and native title investigations."

Document background
The Due Diligence Engagement Letter is a crucial document in Australian business and legal practice, typically employed when a client requires professional services to investigate and evaluate a business opportunity, transaction, or potential investment. This document is essential for establishing clear parameters for the due diligence process, protecting both the service provider and the client by clearly defining the scope of work, limitations, and expectations. It must comply with Australian legal requirements, including the Corporations Act 2001, professional services regulations, and relevant industry standards. The letter typically precedes significant corporate transactions such as mergers, acquisitions, investments, or major business decisions where thorough investigation is necessary. It serves as both a legal contract and a project framework, outlining the investigation areas, methodology, deliverables, and commercial terms of the engagement.
Suggested Sections

1. Letterhead and Date: Professional letterhead including firm details, date, and reference number

2. Recipient Details: Full name, title, and address of the client

3. Salutation: Formal greeting to the client

4. Introduction: Opening paragraph confirming the engagement and identifying the target business/transaction

5. Scope of Services: Detailed description of the due diligence services to be provided, including areas of investigation

6. Timeline and Deliverables: Expected duration of the engagement and form of deliverables

7. Team and Resources: Key personnel who will be involved and their roles

8. Fees and Expenses: Fee structure, billing arrangements, and treatment of expenses

9. Confidentiality: Confidentiality obligations and handling of sensitive information

10. Client Responsibilities: Expected cooperation and information to be provided by the client

11. Limitations of Liability: Scope of professional liability and any limitations

12. Termination: Conditions and process for terminating the engagement

13. Acceptance: Instructions for accepting the engagement and returning signed copies

14. Signature Block: Space for signatures of both parties

Optional Sections

1. Conflicts of Interest: Required when there are potential conflicts that need to be disclosed and addressed

2. Use of Third-Party Providers: Include when external specialists or contractors will be engaged

3. Data Protection Compliance: Required when handling personal data or when compliance with specific privacy regulations is necessary

4. International Considerations: Include when the due diligence involves cross-border elements

5. Insurance Coverage: Details of professional indemnity insurance when specifically required by client

6. Intellectual Property Rights: Include when there are specific arrangements regarding ownership of work product

7. Force Majeure: Include when specific provisions for unforeseen circumstances are required

Suggested Schedules

1. Schedule A - Detailed Scope of Work: Comprehensive breakdown of the due diligence areas to be covered

2. Schedule B - Fee Schedule: Detailed fee structure, including hourly rates and estimated costs

3. Schedule C - Team Structure: Detailed overview of team members, their qualifications, and roles

4. Schedule D - Document Request List: Initial list of documents and information required for the due diligence

5. Schedule E - Timeline and Key Milestones: Detailed project timeline with specific deadlines and deliverables

6. Appendix 1 - Standard Terms and Conditions: Firm's standard terms and conditions for professional services

7. Appendix 2 - Conflict Check Results: Summary of conflict check results and any necessary disclosures

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






















Clauses






























Relevant Industries

Legal Services

Financial Services

Professional Services

Corporate Advisory

Mergers & Acquisitions

Private Equity

Real Estate

Manufacturing

Technology

Healthcare

Mining & Resources

Retail & Consumer

Energy & Utilities

Relevant Teams

Legal

Finance

Corporate Development

Mergers & Acquisitions

Risk & Compliance

Investment

Transaction Advisory

Due Diligence

Project Management

Business Development

Relevant Roles

Chief Executive Officer

Chief Financial Officer

General Counsel

Corporate Lawyer

Due Diligence Manager

Transaction Advisory Partner

M&A Director

Investment Manager

Legal Director

Finance Director

Risk Manager

Compliance Officer

Corporate Development Manager

Business Development Director

Project Manager

Senior Associate

Managing Partner

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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