成人大片

This module outlines the basic principles and steps involved in the earliest stages of developing an agreement. It highlights the importance of preparation to any contracting activity, regardless of how simple the agreement may seem, and provides some practical tools for both preparation and negotiation with outside parties.

Highlights include:

• A preliminary checklist for preparation;
• Triggers that indicate whether an agreement needs to be formally documented in a formal written contract;
• How to work out your bargaining position through the 鈥淧.A.N.鈥� (preferred, acceptable, not-negotiable) approach;
• A 鈥減re-agreement evaluation matrix鈥� for University contracts, to help you quickly evaluate the relevant University context and motivations behind a proposed contract.
• Transitioning from 鈥渘egotiation鈥� to a 鈥渂inding contract鈥�, and how you can protect yourself from making this transition before you are ready.

Module 1

This module discusses the process through which negotiations are finalised, and a contract is drafted and formalised. There is a summary of how to document simple agreements (where no formal written contract is required). The remainder of the module addresses more significant agreements that require a formal written contract, and is designed to inform contract managers about the drafting and execution process.

Highlights include:

• Specific examples of the kinds of contracts that require formal written contracts;
• Specialist areas that need to be consulted and the internal processes that apply to certain types of agreements;
• Who should draft contracts, and when standard form contracts might be used;
• How to define contract deliverables and performance measures; and
• The process for signing a contract and storage of signed agreements.

Module 2

View the Contract Development Road Map for additional information.

This module will assist those persons with ongoing responsibility for managing the contracts once they are signed. It emphasises the importance of ongoing management and of ensuring the University meets its contractual obligations. This module also discusses how contracts can be ended.

Highlights include:

• Keeping a contract register;
• How to keep up the University鈥檚 end of the bargain;
• How to manage the other party when they are not keeping their end of the bargain;
• How contracts are varied and how disputes should be handled; and
• "Housekeeping" tasks that may be required once a contract has reached the end of its life.

Module 3

This module discusses records management in the context of contracting.聽 Although records management is not a discrete stage of contracting, it is presented through its own module to highlight its importance as an essential activity that should be constantly happening throughout the life of any contract.

Highlights include:

• Key record keeping obligations that attach to contracting on behalf of the University; and
• Why records management is essential, and the importance of an evidence trail for every contract;

Module 4

This module explains the use of common, stock-standard clauses 鈥� often called 鈥渂oilerplate鈥� clauses, within contracts.聽 For instance, clauses that identify which state or country will be treated as the jurisdiction whose laws will govern the agreement, or clauses that state that the written contract represents the 鈥渆ntire agreement鈥� between the parties.

Highlights include:

• Explanation of common standard terms or clauses that appear in many contracts 鈥� often called 鈥渂oilerplate鈥� clauses;
• Clauses that should not be treated as boilerplate, but need to be specifically considered before signing (鈥渄anger鈥� clauses);

Module 7

This module provides guidance on the establishment and management of collaboration agreements (eg. research collaborations; joint ventures; joint program delivery).聽 It has been laid out in the form of an annotated checklist, to give you the most practical guidance possible.

Highlights include:

• Issues to consider when setting up a collaboration agreement with another party/s.

Module 8