What is a freelance contract?
A freelance contract is a written agreement between a business and an independent freelancer that sets out the scope of work, payment, deadlines, and who owns the finished work.
Employment & HR
Freelance Contract
Generate a freelance contract for engaging an Australian freelancer or sole trader, clearly distinguishing the arrangement from employment under Australian sham contracting rules.
- Create a freelance contract for a project
Generate a freelance contract between [Client Name] and [Freelancer Name] (ABN [ABN Number]) for [Project Description], covering scope, payment milestones, deadlines, and IP ownership of the deliverables.
- Create an ongoing freelance retainer agreement
Generate a freelance retainer agreement between [Client Name] and [Freelancer Name] (ABN [ABN Number]) for ongoing [type of work] services, covering monthly hours or deliverables and payment terms.
- Create a freelance contract with confidentiality terms
Generate a freelance contract between [Client Name] and [Freelancer Name] that includes confidentiality obligations protecting [Client Name]'s business information disclosed during the engagement.
Freelance Contract Generator (Australia)
A freelance contract sets out the scope of work, payment terms, deadlines, and intellectual property rights when an Australian business engages a freelancer or sole trader rather than an employee. This free Australian freelance contract generator produces agreements for one-off projects and ongoing freelance engagements, drafted to reflect the genuine independent-contractor relationship required to avoid Australia's sham contracting rules under the Fair Work Act 2009. It is designed for Australian businesses hiring freelance designers, writers, developers, consultants, and other project-based workers who invoice with an ABN. The generator lets you specify project milestones, payment triggers, and who owns the work product once delivered. Use it to protect both parties with clear expectations and reduce the risk the engagement is later reclassified as employment.
Frequently asked questions
How is a freelancer different from an employee in Australia?
A freelancer runs their own business, typically invoices using an ABN, controls how the work is done, and is not entitled to NES employee entitlements, unlike an employee who works under the business's direction and control.
What is sham contracting?
Sham contracting is when a business treats what is really an employment relationship as an independent contracting arrangement to avoid employee entitlements — this is prohibited under the Fair Work Act 2009 and can result in penalties.
Who owns the work created by a freelancer in Australia?
Unless the contract says otherwise, copyright in work created by a freelancer generally belongs to the freelancer, so the contract should include an assignment or licence clause if the client needs ownership.
Does a freelance contract need to specify GST?
If the freelancer is registered for GST, the contract should state whether quoted fees are inclusive or exclusive of GST.
What should payment terms in a freelance contract include?
Payment milestones or a payment schedule, invoicing requirements, due dates, and what happens if payment is late or the project scope changes.
Can a freelance contract include a confidentiality clause?
Yes, it is common to include confidentiality obligations protecting the client's business information disclosed during the engagement.