Grant application legal review checklist
Government grants carry binding obligations that extend well beyond the funding period. This checklist helps legal teams review grant applications and funding agreements for hidden risks before commitment.
This is a 12-step checklist for conducting a legal review of a government grant application before submission. It covers eligibility criteria, grant conditions, intellectual property, reporting obligations, and clawback provisions under Australian grant frameworks.
The checklist
Confirm applicant eligibility
Verify the applicant entity meets all eligibility criteria — entity type, ABN status, location, turnover thresholds, and sector requirements.
Review the grant guidelines
Read the full grant opportunity guidelines and identify all mandatory application requirements, timelines, and merit criteria.
Check co-contribution obligations
Confirm the required co-contribution ratio and verify the applicant can fund its share from eligible sources.
Assess eligible expenditure rules
Review which expenditure categories are eligible and ineligible, and confirm the budget aligns with those rules.
Review IP conditions
Identify any grant conditions affecting intellectual property ownership, licensing, or commercialisation rights.
Check reporting obligations
Map all milestone reporting, financial acquittal, and outcome reporting obligations and their deadlines.
Assess clawback provisions
Review the funding agreement for clawback triggers — scope change, milestone failure, insolvency, or change of control.
Confirm GST treatment
Determine whether the grant payment is subject to GST and whether the applicant needs to issue a tax invoice.
Review confidentiality and publicity
Check requirements around public acknowledgement of funding, use of government logos, and confidentiality of application details.
Assess conflict of interest risks
Identify and declare any conflicts of interest between the applicant, project partners, and the granting body.
Check partner and subcontractor terms
If the project involves partners or subcontractors, confirm their roles are documented and any required consents are obtained.
Obtain internal sign-off
Secure internal authorisation from the appropriate delegate before submission, confirming acceptance of all grant conditions.
When this checklist applies
Use this checklist when reviewing any Australian government grant application or funding agreement before submission.
Common pitfalls
- Assuming grant funds have no strings attached — most carry multi-year reporting and acquittal obligations
- Overlooking IP assignment or licence-back conditions in the funding agreement
- Budgeting ineligible expenditure items that are later rejected at acquittal
- Missing co-contribution evidence requirements
- Not planning for clawback risk if the project scope changes after award
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This checklist is a general guide. Grant conditions vary between programs and granting bodies — always review the specific grant opportunity guidelines and funding agreement.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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