Contract Review Checklist: 10 Clauses to Check Before You Sign

The 10 clauses to check

• Parties — are the correct legal names and ABNs used?
• Scope — exactly what is being provided, and what isn't?
• Price and payment terms — including GST, deposits and late fees
• Term and renewal — is there an automatic rollover?
• Termination — how can each party end the contract, and what does it cost?
• Liability and indemnities — who carries the risk if something goes wrong?
• Limitation of liability — are your losses capped?
• Intellectual property — who owns what is created?
• Confidentiality and restraints — are restraints reasonable in time and area?
• Dispute resolution and governing law — which state's law applies?

Unfair contract terms

Under the Australian Consumer Law, unfair terms in standard-form consumer and small business contracts can be void, and since November 2023 penalties can apply to businesses that use them. A lawyer can tell you whether a term may be unfair and how to negotiate it.

When to get a lawyer

Get legal advice if the contract involves significant money, long commitments, personal guarantees, restraints of trade or anything you don't fully understand. With Ask My Lawyer, you upload the contract, answer a few questions and meet a verified lawyer by video to go through it.

Frequently asked questions