Legal FAQs
Legal status of the University
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What kind of entity is the University? What is the University's legal status?
The University is a body corporate established by statute (). If you are completing an application form and this entity category in not provided as an options, you would need to select “Other” or discuss it with the issuing organisation.
The University is not a government agency or a corporation. -
Does the University have a constitution?
No. The sets out how the University is to be governed.
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Who are the directors of the University?
The University does not have directors. Instead, it has a governing . The Vice-Chancellor and President is the University’s Chief Executive Officer.
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What is the University's ABN?
61 249 878 937
Contracts
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I need someone to review a contract.
If your contract is for contract research, consultancy, commercialisation or licensing of IP you should contact Innovation and Commercial Partners.
If you have a research grant, you should contact Research Services.
Otherwise, please complete our Contract Review Instruction Form and submit to the Legal and Risk Helpdesk along with your contract and other relevant documents. -
When do I need a formal written contract?
Please refer to Module 2 of the University's Contract Management Handbook.
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Do you have a standard Memorandum of Understanding (MOU) / Agreement that I can use?
We have standard form contract templates available for certain types of arrangements that the University regularly enters into.
The fact that it is "standard" does not mean it is a generic contract that is suitable for other types of arrangements - please read the Guidelines that accompany our templates.
If you do not find a template that suits your needs, you will likely require a tailored contract. Please complete and submit a Contract Drafting Instruction Form. -
I need to put in place a contract. Who should I speak to?
The below table outlines which specialist area you should consult, depending on the nature of the agreement or contract, and any applicable processes that may apply.
Agreements related to:
Specialist area to consult:
Specialist process to follow:
International arrangements – students, teaching or research; Relationships with international education institutions
Pro Vice-Chancellor (International)
International Agreements Framework sets out approval and development processes, which must be followed before any agreement is negotiated or documented.
Jointly conferred academic (coursework) awards
DVC&VP(A)
Jointly conferred academic (higher degree by research) awards
DVC&VP(R)
Jointly Conferred Higher Degree by Research (HDR) Awards Policy
Use of University brand (including name, logos, trademarks)
Marketing and Communications
Competitive research grants
Research Services
Research contracts, non-competitive research grants or consultancy services
Research Services
Protecting and commercialising intellectual property (including related Confidentiality Disclosure Agreements and Material Transfer Agreements)
vlog Enterprise
Collaborative research ventures with external parties
DVC&VP(R)
Establishment or acquisition of Controlled Entities
Legal and Risk Branch
Capital works (major and minor building work and infrastructure projects or property use transactions)
Infrastructure Branch
As directed by
Procurement of goods and services for the University of vlog
Strategic Procurement
As directed by Strategic Procurement
Maintenance and utilities supply Agreements
Infrastructure Campus Services
As directed by Infrastructure
Computer software licensing
Information Technology and Digital Services
As advised by Information Technology and Digital Services
Third Party Hosting services
Information Technology and Digital Services
Contracts of employment and appointment of titleholders
Human Resources
As directed by Human Resources Branch
Engagement of consultants or contractors
Human Resources
HR FAQs: Independent contractors, employees and ‘sham’ contracting arrangements(HR Website)
Gifts, sponsorships, externally-funded scholarships
External Relations
Externally-funded postgraduate research scholarships
vlog Graduate Research School
As directed by the vlog Graduate Research School
Insurance contracts
Legal and Risk Branch
As directed by Insurance Specialist
All Contracts containing or proposing a ‘hold harmless’ clause or provision
Office of General Counsel
As directed by General Counsel and Executive Director, Legal and Risk
If multiple specialist areas are relevant to your contract:
Consult collectively with them to determine the appropriate contract manager. If agreement cannot be reached, the decision can be escalated to the relevant Deputy Vice-Chancellor(s) and Vice-President(s)
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Who can sign a contract? Can Legal & Risk sign the contract?
A contract may only be signed by a University officer with the appropriate level of . Generally speaking, this would be a Head of School or higher. The Legal and Risk Branch is not able sign contracts for you.
More information is available in our blog article .
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Can the contract be in the name of my School / Centre / Unit?
No. The University is the legal entity and therefore contracts must be in the name of the University. However, it is possible for it to be noted in the contract that it specifically involves your School / Centre / Unit.
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The other party is requesting the University’s common seal – how do I obtain this?
Use of the University’s common seal can only be approved by University Council. The University’s common seal is only necessary for a small range of legal documents (typically leases and other agreements for land or real estate). Sealing can be requested using the contract approval and sealing request form.
If the contract is not of the sort that the law requires to be sealed, you should request that the contract signature page be amended to enable signature by an authorised representative of the University. Do not simply affix a University stamp or logo. -
What should I do with the signed contract? Do I send the signed contract to Legal & Risk?
The area organising the contract must
- lodge the original signed contract as a Legal Document with Records Services to ensure secure storage and central traceability. Please complete the Legal Document Lodgement form available on the Records Services website.
- Register the contract details on the University Contracts Register.
Keeping good records is the responsibility of the area arranging the contract. As well as being good business practice, it is a requirement of the State Records Act.
Please contact Global Engagement for specialist processes relating to International Agreements.
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Our contract is about to expire but the parties would like the arrangements to continue. What should I do?
Check the existing contract for any clauses about extending or renewing the contract. If there are, follow those. If not, complete and submit a Contract Drafting Instruction Form to the Legal and Risk Helpdesk and we can assist you to put in place a new contract.
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Our contract has already expired. Is that a problem?
If you have been continuing with the arrangement in practice, there is probably a new implied contract that exists at law. However, it is always best to have written contracts for certainty. Please complete and submit a Contract Drafting Instruction Form and we can assist you with a new contract.
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I need to arrange an international agreement. Who can assist me?