Practice Area

Australian IP and SaaS Law for Health Products and Platforms

Most founders who write to us already know the product. They want a number, and they want to know whether the launch is legally workable before they print the brand, publish the content or switch the platform on. Book a paid consultation, or request a written fee for a defined package.

Choose the first paid step

A quote is free. Chargeable work starts only after a costs agreement.

01

Strategy consultation

60 minutes

$750 plus GST ($825 incl. GST)

02

Written fee

Defined package

Itemised fee, GST, timing and exclusions

03

Scoped work

Fixed quote

After the costs agreement is in place

04

Specialist work

Coordinated referral

Patent attorney and foreign-law input where required

Professional fees are $550 per hour exclusive of GST unless a package fee is agreed. Australian legal advice, with specialist practitioner and foreign-law coordination where required.

Who this is for

The products and businesses that actually write to us

Hamilton Bailey is a medical-law firm. Health-tech, clinician content and businesses selling into health are a natural bridge from that work. We also act for Australian founders building software, SaaS and trade platforms where the legal questions are ownership, brand, customer terms and launch risk.

Clinician-founded products

Health education brands, courses, webinars, apps and digital guides. The usual questions are AHPRA advertising, TGA where prescription medicines are discussed, health claims, and who owns the content.

Trade and marketplace platforms

Self-service platforms connecting customers with independent trade-service providers. The usual questions are brand clearance, Australian Consumer Law, provider terms, privacy, verification and a launch checklist.

Existing health-adjacent businesses

Digital agencies, encrypted enquiry tools and SaaS already used by clinics and practitioners. The usual questions are agency liability, privacy of health information, and which contract settings should sit with the client.

Defined packages

Request a written fee for the work in front of you

If you already know the job, do not wait for a meeting to hear the number. The figures below are the fees we quote for these scopes, exclusive of GST. You may instruct one item. We will not start the next item until you ask. A $750 consultation is the better first step only when the product or the documents are still too open for a fixed package.

Health product and advertising scoping

Clinician-founded content brands, courses, apps and health-tech products

A conference of up to 90 minutes plus a written note of the issues, the limits that apply to the clinicians and content, and what needs further work.

Typically $1,100 to $1,650 exclusive of GST

After we have the product description and any draft content or specifications you already have

  • AHPRA advertising for registered clinicians in the product, content, courses or webinars
  • TGA requirements where the content discusses therapeutic goods or prescription medicines
  • Australian Consumer Law and general advertising standards for health claims
  • Plain advice on whether the brand as described can stay within those rules
Request this written fee

Brand clearance note

Founders who need to know if a prospective platform or product brand is usable in Australia

An Australian knockout search and a written note on registrability, infringement risk, business-name use and rebranding options.

$2,200 exclusive of GST ($2,420 incl. GST)

7 business days after we have the brand, any logo, intended classes, and a completed conflict check

  • One word mark, or one word mark and matching logo treated as a single brand
  • Up to two classes, typically marketplace/advertising and software for a platform
  • Trade marks register, company names, business names and a limited desktop check of obvious common-law use
Request this written fee

Marketplace and SaaS pre-launch review

Trade, marketplace and self-service platforms connecting customers with independent providers

A written advice note on the operating model and launch controls. This is a review, not document drafting.

$4,950 exclusive of GST ($5,445 incl. GST)

10 business days after a written operating-model note and any existing draft terms

  • Australian Consumer Law issues that arise for a self-service platform
  • Licensing-representation controls, marketplace and website terms
  • Privacy and data-handling controls
  • Provider verification, disclaimer wording, complaints and safety-reporting framework
Request this written fee

First file review for health-adjacent businesses

Agencies, enquiry tools and SaaS products already selling into health clinics and practitioners

A first written advice on where the legal risk sits, what to instruct next, and in what order.

Typically 3 to 4 hours at $550 per hour exclusive of GST

After a short pack of examples and questions, and after a costs agreement is in place

  • Marketing and advertising you run for health clients, including AHPRA, TGA and ACL allocation of responsibility
  • Health-focused SaaS or enquiry tools: hosting, access, privacy wording and onboarding
  • Existing client terms, disclaimers and approval processes
Request this written fee

Optional drafting of core launch documents after a marketplace review is a separate instruction, typically $5,500 exclusive of GST. Brand clearance does not include filing. IP Australia and ASIC filing fees are government charges, confirmed at the time of any lodgement you later authorise. Estimates are not quotes where a range is stated. Information current as at September 2026.

Questions that decide whether you instruct

Resolve these before the next commercial step

  • Can the registered clinicians in this product, course or Instagram brand stay within AHPRA advertising rules?
  • If the content discusses GLP-1s, ADHD medicines or other therapeutic goods, what does the TGA require before you publish?
  • Does the company own the code, content, designs, data and brand created before and after launch?
  • Is the prospective platform brand clear to use in Australia, or should you rebrand before you spend on launch?
  • For a trade marketplace, who is the supplier under the Australian Consumer Law, and what must the provider terms actually say?
  • If you market for health clinics, who carries AHPRA, TGA and ACL risk as between the agency and the client?

How we can help

Legal work that supports the next commercial decision

Ownership and chain of title

Establish a clear record of what the company owns and who can use it.

  • Founder assignments
  • Employee and contractor ownership provisions
  • Confidentiality and trade-secret controls
  • Pre-incorporation and group-company ownership clean-up

SaaS and software agreements

Align customer-facing terms with the product, data flows and commercial model.

  • SaaS subscription and customer terms
  • Enterprise agreements, master services agreements and statements of work
  • End-user and software licence agreements
  • Service levels, acceptable use, support, suspension and exit

Marketplaces and commercialisation

Give the business workable paths to connect customers, licence, distribute and collaborate.

  • Marketplace, platform and provider terms
  • IP licensing
  • Reseller, distribution, white-label and channel arrangements
  • Development, integration and collaboration agreements

Brand and registered rights strategy

Support commercially useful brand decisions and coordinate registered-rights work where required.

  • Australian trade mark strategy and portfolio alignment
  • Registered design and specialist-practitioner coordination where appropriate
  • Ownership and commercial use of brand assets

Due diligence and transactions

Prepare ownership and contract records for an investment, sale or acquisition review.

  • IP and material-contract reviews
  • Ownership schedules and disclosure preparation
  • Licence, change-of-control, assignment and termination-risk review

International expansion and coordination

Prepare the Australian legal foundation and coordinate the right specialist or foreign-law input for new markets.

  • Australian ownership and trade mark foundations
  • Cross-border SaaS and licensing coordination with foreign counsel where local-law advice is required
  • Specialist practitioner and foreign-law coordination where required

Health products and clinician brands

AHPRA, TGA and health claims before the content goes live

A psychologist, medical practitioner or other registered clinician launching an education brand, paid course, webinar series or app is not a generic startup IP matter. The first paid step is usually a scoping consultation and written note, not a document-store template and not a request for every technical specification up front.

Request a health-product scoping fee
  • AHPRA advertising for the registered clinicians involved
  • TGA where content discusses therapeutic goods or prescription medicines
  • Health claims, testimonials and marketing standards
  • Ownership of content, courses and brand assets
  • Health information, privacy and encrypted enquiry tools
  • Agency versus clinic responsibility when a third party publishes the copy

Trade marketplaces and SaaS

Clear the brand, then settle the platform controls

A sole trader or company planning a platform that connects customers with independent trades does not need a global filing programme as the first step. The work that usually converts is a brand clearance note, then a practical review of the operating model, then drafting only if you instruct it. You can ask us to quote those items separately, including after a conflict check and before you send the brand.

Request a marketplace review fee
  • Brand clearance before you spend on launch creative, vans, livery or paid ads.
  • Australian Consumer Law: who is supplying the service, and what the platform may and must not promise.
  • Provider verification, licensing-representation controls and disclaimer wording.
  • Privacy and data-handling for customers and providers, without collecting sensitive records at the quote stage.
  • A concise implementation checklist before public launch, tied to the review where that review has been done.

What to send

A short pack is enough to price the first instruction

You do not need to send the confidential commercial plan, live patient data, or a complete technical specification to get a written fee. Send what you already have. We will tell you if a package fits, or if the $750 consultation is the cheaper way to settle the scope.

  1. 01

    One paragraph on the product, who is involved, and whether you are pre-launch or already operating.

  2. 02

    The questions you want answered, in your own words. A quote request is not a request for advice.

  3. 03

    The legal entity that would instruct, if known, so we can complete an ordinary conflict check.

  4. 04

    Draft materials only if you already have them. Redact client and patient names.

International coordination

Australian foundations first, then overseas steps

Build Australian ownership and trade mark foundations before expansion, then coordinate the appropriate commercial and specialist work for the markets you enter. Overseas filing is not the first instruction for most of the products described on this page.

  • Australian ownership and trade mark foundations before overseas expansion.
  • Madrid System designations for selected markets where appropriate, with current process confirmation.
  • Overseas registration steps through the appropriately qualified practitioner where relevant.
  • Appropriately qualified foreign counsel where local-law advice is required.
  • Cross-border SaaS and licensing coordination with appropriately qualified foreign counsel where local-law advice is required.

Document pathways

Store documents are optional, not the main engagement

A store document may need advice and adaptation for the product, data flows, bargaining position and target markets. The availability label confirms a document-store pathway, not suitability for a health-product, marketplace or AHPRA-sensitive matter.

Tailored legal work

  • Founder-specific IP assignment packages and confirmatory assignments
  • SaaS subscription agreements, product terms, master services agreements and statements of work
  • Privacy, data-processing, cross-border transfer, acceptable-use, service-level and support documents
  • Marketplace, provider and complaints procedures after a pre-launch review
  • Open-source licence-risk reviews and reseller, distributor, white-label or channel arrangements
  • Australian trade mark portfolio strategy and coordination of international filing steps
Request a written fee for tailored work

Referral and coordination boundary

Patent drafting, prosecution and international patent filings are outside our scope and are referred to a registered patent attorney, whose work we coordinate alongside your commercial and IP matters.

Frequently asked questions

Questions founders commonly ask before they pay

Can I get a written fee without booking a consultation?

Yes. If the work matches a defined package on this page, send the request form and we will confirm the fee, GST, timing, exclusions and what we need from you. There is no charge for the quote. It is not advice and it does not start a retainer. We issue a costs agreement before any chargeable work starts.

What does the $750 strategy consultation cover?

A 60-minute Strategy Planning Session at $750 exclusive of GST. It is the right first step when the product, parties or documents are not yet settled enough for a fixed package. You leave with the issues that matter, the recommended next instruction, and whether a package, a consult, or a store document is enough. It is not a substitute for a written AHPRA, TGA, trade mark or marketplace review.

Does paying a contractor mean the company owns the code or designs?

Not necessarily. Payment and delivery arrangements do not always establish the ownership position required for a particular asset or jurisdiction. The contract, the work created and the relevant parties should be reviewed before relying on an ownership outcome.

Is a website terms document the same as a SaaS or marketplace agreement?

No. Website terms usually govern use of a website. A SaaS or marketplace agreement may need to address the service, who is the supplier, data flows, provider verification, support, liability, complaints and the commercial allocation of risk in much greater detail.

What is different about legal work for a clinician-founded health product?

Clinician-founded content brands, courses, apps and health-tech products often raise overlapping questions about AHPRA advertising, TGA rules where therapeutic goods or prescription medicines are discussed, Australian Consumer Law health claims, ownership of content, and privacy of health information. A dietitian is not AHPRA-registered, so that contributor sits under a different regime. The right legal work depends on the product, the clinicians, the content and the jurisdictions involved. This work is independent legal advice. It is not AHPRA, National Board or TGA pre-approval.

Do I need a trade mark search before I launch a marketplace or app?

It is prudent to consider brand clearance before significant launch expenditure, printed materials or paid ads. Registration of a business name does not confer trade mark rights. A brand clearance note is a search and written advice. It does not include filing, and it is not a guarantee of registration or non-infringement.

Who is responsible when an agency runs advertising for a health client?

Responsibility depends on the facts, the copy, how it was published, and the contract between the agency and the client. AHPRA, TGA and Australian Consumer Law questions can sit with more than one party. The useful first step is a first-file review of actual examples, the questions you need answered, and the terms you already use, rather than a general retainer covering every post.

What will investors check during IP due diligence?

The scope varies, but investors commonly examine ownership records, founder, employee and contractor arrangements, licences, open-source use, trade marks, material contracts and disclosures affecting transfer, control or termination rights.

Can Hamilton Bailey assist with patents and overseas trade marks?

Hamilton Bailey can provide Australian commercial legal advice and help coordinate appropriate specialist steps. Patent drafting, prosecution and international patent filings are outside our scope and are referred to a registered patent attorney. Foreign-law opinions and local foreign filing advice require the appropriately qualified foreign practitioner where required.

Get the fee, then instruct the work that actually launches the product

If the job matches a package, request the written fee. If the product is still taking shape, book the 60-minute strategy consultation. Prefer to talk first? Call (08) 5122 6500.

General information only. Advice depends on the facts and applicable jurisdiction. A written fee is not legal advice. Information current as at September 2026.