How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Sean Your Own Question

Sean
Sean, Experienced lawyer
Category: Australia Law
Satisfied Customers: 852
Experience:  Law degree with 1st class honours from Australian National University.
Type Your Australia Law Question Here...
Sean is online now
A new question is answered every 9 seconds

Hello. I am a private consulant working in the Horticultural

Resolved Question:

Hello. I am a private consulant working in the Horticultural industry. Recently I have been interested in a job overseas, but working for a company based in Australia.
In the consultancy agreement there is the clause: "Consultant shall indemnify and hold harmless Company, its directors, officers and employees, from and against any and all liabilities, claims, damages, costs and expenses (including attorneys’ fees) arising out of or resulting from any claim, action, or other proceeding, based upon Consultant’s acts or omissions in connection with the performance of its obligations herein".
Can you clarify the meaning of this clause?
Submitted: 11 months ago.
Category: Australia Law
Expert:  Sean replied 11 months ago.

Hello and thank you for your question.

This clause is to cover the company in the event that someone brings a claim against them for something you do (or don't do) in your capacity as a consultant. If someone sues the company for this, the company will then be able to sue you and require you to pay any damages, costs etc related to the claim. It means that full responsibility with rest with you, rather than the company.

Usually a consultant would hold appropriate insurance to cover them in the event that such a claim is made. You want to make sure that the insurance coverage covers claims by the company, as well as by third parties, to ensure you are covered in the event that this occurs.

Please let me know if you need any more information.

Regards
Sean
Customer: replied 11 months ago.
Thanks Shaun. my wife and I have set up a company of which we are directors. we have worked in this business for some years in various countries. the current agreement is between a Horticultural service and investment company and my company. My company is a service provider and has no assets. If there was any litigation, would only my company be liable, or me personally? I take your point about insurance and will look into this presently.
Pete
Expert:  Sean replied 11 months ago.

Hi Pete,
If you are working on behalf of your company this will give you much more protection, because if they want to sue you they will only be able to sue the company and not come after your assets personally. There are very few circumstances were they would be able to come after you personally, eg trading insolvently or criminal conduct.
Sean, Experienced lawyer
Category: Australia Law
Satisfied Customers: 852
Experience: Law degree with 1st class honours from Australian National University.
Sean and other Australia Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Deborah Awyzio's Avatar

    Deborah Awyzio

    Solicitor

    Satisfied Customers:

    859
    Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
< Last | Next >
  • http://ww2.justanswer.com/uploads/DA/dawyzio/2011-8-17_41631_Debheadshotfromfrontdesk.64x64.jpg Deborah Awyzio's Avatar

    Deborah Awyzio

    Solicitor

    Satisfied Customers:

    859
    Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
  • http://ww2.justanswer.com/uploads/AU/AustralianLawyer/2012-8-24_122120_SeanPhoto.64x64.jpg Sean's Avatar

    Sean

    Experienced lawyer

    Satisfied Customers:

    837
    Law degree with 1st class honours from Australian National University.
  • http://ww2.justanswer.com/uploads/SE/section52/2011-3-4_91720_darrenkrusehs.64x64.jpg Darren Kruse's Avatar

    Darren Kruse

    Solicitor

    Satisfied Customers:

    16
    Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.
  • http://ww2.justanswer.com/uploads/BR/Brisbane.Lawyer/2013-10-15_65512_ProfilePhoto.64x64.jpg Brisbane.Lawyer's Avatar

    Brisbane.Lawyer

    Solicitor

    Satisfied Customers:

    105
    Lawyer of the Federal and High Courts of Australia; Lawyer of the Supreme Court of Qld
  • http://ww2.justanswer.com/uploads/MB/mbb75/Kylie at Makdap 500x500 pixels.64x64.jpg kmslegalservice's Avatar

    kmslegalservice

    Solicitor

    Satisfied Customers:

    18
    I have 14 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
  • /img/opt/shirt.png Patrick H.'s Avatar

    Patrick H.

    Lawyer

    Satisfied Customers:

    4168
    Dip Law LPAB - Sydney based lawyer