File Note / Attendance Note

What Is a File Note / Attendance Note?

A File Note or Attendance Note is a record of a conversation, meeting, or event that takes place in the course of running a business. Think of it as a formal diary entry. It captures what was said, who was there, and what decisions were made. In a professional setting, this document serves as the primary memory of the business. If you cannot remember exactly what happened two years ago, your file note will do it for you.

In Australia, this document goes by different names depending on the industry. Lawyers often call them "Attendance Notes". Tradies and builders might refer to them as "Site Diary" entries. In HR, they are simply "Incident Reports" or "Meeting Records". Regardless of the name, the purpose is the same. The note provides a factual account that can be used to verify instructions, protect against disputes, and ensure compliance with Australian laws.

Under the Evidence Act 1995 (Cth), these notes can be admitted as "business records". This means a court can accept them as proof of what happened, even if the person who wrote the note is not available to testify, provided the note was made at or near the time of the event.

When to Use This Document

Good record keeping is not just for large corporations. Sole traders, contractors, and startups benefit immensely from documenting their interactions. You should use a File Note whenever a verbal interaction could impact your work, your obligations, or your rights.

Client and Customer Meetings You should use this document after every meeting with a client. If a client gives you verbal instructions to change a project scope, you must record it. This is vital for industries like construction or consulting where "variations" to a contract happen often. Without a note, you have no proof the client authorized the extra work, which makes billing difficult later.

HR and Employee Management Business owners must record discussions regarding employee performance, discipline, or misconduct. The Fair Work Act 2009 (Cth) does not explicitly say "write a file note", but the Fair Work Commission relies on documentary evidence to resolve unfair dismissal claims. If you warn an employee about lateness and do not write it down, it essentially did not happen in the eyes of the law.

Disputes and Complaints If a customer complains about a product or service, note down the details immediately. Record what the issue is and what you offered to fix it. This protects you if the customer later claims you ignored them.

Strategic and Partnership Decisions If you run a startup or a company with partners, use a file note to record decisions made in informal discussions. This is helpful if formal minutes were not taken. These notes help during tax audits or due diligence processes for investment or sale.

Key Sections and Required Elements

To make sure your file note is legally robust and useful, you need to include specific details. A vague note is as good as no note. A strong note establishes exactly who, what, where, and when.

Metadata and Identification

This section establishes the authenticity of the document. It helps the Evidence Act "business records" exception apply because it shows the document is part of a regular system.

• Date and Time of Creation: Write when you wrote the note, not just when the meeting happened.
• Author Name and Position: Who wrote the note?
• Date and Time of Interaction: When did the meeting or call actually take place?
• Attendees: List the full names and roles of everyone present. For example, "John Smith (Director of ABC Pty Ltd) and Jane Doe (Site Manager)".

Content of Discussion

This is the core of the document. You must keep this section factual.

• Chronological Summary: List the main points of the discussion in the order they occurred.
• Verbal Instructions: Record any specific instructions given or received. This is critical for tradespeople claiming variations.
• Advice Given: If you are a professional, record the advice you provided.
• Specifics for HR: Record warnings issued and the employee’s response. Use quotes where possible, such as "Employee stated: 'I know I was late, but the bus broke down'".

Outcomes and Action Items

A meeting usually leads to a next step. Writing this down creates a binding trail of obligation.

• Agreed Deadlines: When will the work be done?
• Responsibilities: Who is doing what? For example, "Builder to supply extra tiles by Friday" or "Client to approve plans by Monday".
• Work Paused or Terminated: Note if work was stopped or if the engagement was ended.

Disclaimer and Confidentiality

This section manages expectations and protects sensitive information.

• Confidentiality Notice: Include a statement such as, "This note is confidential and intended for internal use of [Business Name] only."
• Legal Professional Privilege: If the note is created because you are anticipating legal action or getting legal advice, mark it "Privileged and Confidential". This helps claim protection under Section 118 of the Evidence Act. Do not mark standard notes this way, as it can look misleading.

How to Write a File Note / Attendance Note (Step by Step)

Writing a good file note takes practice. It is not about writing a lot of words. It is about writing the right words. Follow these steps to create a record that will stand up in court or satisfy an auditor.

Step 1: Write It Immediately

The most important rule is timing. You must write the note as soon as the meeting or call ends. The Evidence Act requires business records to be made "at or near the time" of the event. If you write it a week later, it looks like a reconstruction of memory rather than a record of fact. Courts are skeptical of notes created long after the event.

Step 2: Stick to the Facts

Separate what you saw from what you felt. Use objective language. Instead of writing "The client was angry and rude", write "The client raised their voice and used profanity". Instead of writing "The site was a mess", write "There were materials scattered across the walkway and scaffolding was incomplete". This neutral tone makes you look professional and credible.

Step 3: Record Verbal "No" Events

It is just as important to record what a client declined as what they accepted. If a client says no to an optional extra or a safety recommendation, write it down. For example, "Client declined the recommended pest inspection and signed a waiver to proceed without it." This is a strong defense against claims under Australian Consumer Law if a problem arises later.

Step 4: Use Direct Quotes

If someone says something specific that defines the outcome, quote them directly. Quotation marks show that these are the exact words used. This is powerful in HR disputes or contract disagreements. For example, "Mr. Jones stated: 'I will not pay the final invoice until the cracks are fixed'."

Step 5: Save It Securely

Once written, save the note in a secure location. If you store it digitally, ensure you comply with the Privacy Act 1988 (Cth). You must take reasonable steps to protect the data from misuse or unauthorized access. If you use cloud storage, check where the data is held. You may also want to link the note to a specific job or client file. For example, you might attach the note to a Service Agreement or a Consulting Agreement for easy reference.

Common Mistakes to Avoid

Even experienced business owners make mistakes with file notes. Knowing these pitfalls will help you avoid them.

Delayed Recording Waiting until the end of the week to write your notes is a bad habit. Memory fades quickly. If a dispute arises, a court may view a delayed note as unreliable. Make it a habit to block out ten minutes after every meeting for this specific task.

Using Emotive Language Using words like "rude", "aggressive", "lazy", or "impossible" destroys your objectivity. These words describe your opinion, not the facts. They make you look biased. Stick to descriptions of behavior and physical evidence.

Misusing "Without Prejudice" Many Australians think writing "Without Prejudice" on a document makes it secret or prevents it from being used in court. This is incorrect. "Without Prejudice" only applies when you are trying to settle a dispute. Writing it on a standard file note about a routine meeting makes you look legally illiterate. Do not use this label unless you are making a genuine settlement offer.

Failing to Keep Records for Long Enough Throwing notes away too soon is a major risk. The Limitation Act 1969 (NSW) and equivalent acts in other states generally allow people six years to take legal action for contracts or torts. The Corporations Act 2001 (Cth) requires companies to keep records for seven years. You should keep your file notes for at least seven years after the relevant event or project is finished.

Ignoring Negative Instructions Some people only record the positive things a client agrees to. They forget to record the things the client refused or ignored. If a client ignores your advice to fix a safety hazard and you do not record that refusal, you could be liable if an injury occurs under WHS laws.

Legal Considerations (AU)

Australian law places specific obligations on record keeping. Understanding these helps you use file notes effectively within the legal system.

Evidence Acts The uniform Evidence Acts across Australia (Cth and states) allow file notes to be admitted as evidence if they are part of a "business record". This is why the metadata (date, author) is so important. It proves the note is a systematic record of the business, not just a personal jotting.

Corporations Act If you run a company (Pty Ltd), the Corporations Act 2001 (Cth) requires you to keep records that explain the performance and position of the company. While file notes are not financial records like invoices, they explain the decisions behind the finances. If you have a file note explaining why you spent money on a specific repair, it supports your financial records. You must keep these for at least seven years.

Privacy Act If your file note contains personal information about a client or employee, you must handle it carefully under the Privacy Act 1988 (Cth). You need to secure the note. Do not leave it on a shared drive where everyone in the office can read it if it contains sensitive HR details. If you store data on overseas servers, ensure you comply with cross-border disclosure rules (APP 8).

Fair Work Act In employment law, file notes are essential for defending against unfair dismissal claims. The Fair Work Commission looks for evidence of procedural fairness. If you claim you warned an employee three times, but you only have one file note, your case is weak. Detailed records of performance discussions show you followed a fair process.

Work Health and Safety (WHS) In many states, WHS laws require persons conducting a business or undertaking (PCBUs) to manage risks. A file note showing that you identified a risk, instructed a worker on how to manage it, and recorded their response can be vital evidence in the event of an incident. It shows you were proactive about safety.

Statutory Limitation Periods You must keep notes long enough to cover the limitation periods. In most Australian states, the limit for contract disputes is six years. For some specialty work (like building contracts in some jurisdictions), it can be longer. A safe rule of thumb for Australian businesses is to retain file notes for seven years from the date of the event or the completion of the contract.

Frequently Asked Questions (preview)

Can I write a note about a phone call? Yes. Phone calls are often the source of disputes. You should note the date, time, and the phone number you called. Summarize the key points agreed upon immediately after hanging up.

Do I need to send the note to the client? It depends. In some industries, like law or building, it is good practice to send a "letter of confirmation" to the client summarizing the discussion. This gives the client a chance to correct you if you got something wrong. If they do not correct you, it becomes strong evidence that they agree with your record.

Is a text message a file note? Text messages can be evidence, but they are often informal and disjointed. It is better to keep a formal record on your own system and perhaps send a text confirming you will follow up with an email. Use a formal document for the permanent record.

What if the client disagrees with my note? If a client disputes your file note, it becomes a matter of evidence for a court or tribunal to decide. This is why writing the note "at or near the time" is crucial. A court is more likely to believe a note written the same day as the event than a note written weeks later. Keeping other evidence, like emails or Job Quote Forms, helps support your file note.

Can I use a file note to claim Legal Professional Privilege? You can only claim privilege if the note was created for the dominant purpose of providing legal advice or in contemplation of litigation. Simply marking a note "Privileged" does not make it so. You must be able to prove that you created the note specifically to get advice from a lawyer or to prepare for court.