Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Crowdfunding can be an exciting way to launch a product, validate demand, and raise money without going through traditional funding channels.
But for many Australian startups and small businesses, the hardest part isn’t creating the pitch or filming the video - it’s choosing between different crowdfunding platforms and working out which one actually suits your business model, goals, and risk tolerance.
In this guide, we’ll walk you through how to compare crowdfunding platforms in a practical way (from a small business perspective), what legal issues to keep in mind in Australia, and what you can do upfront to protect your brand and your business before you go live.
Important: This article is general information only and isn’t legal, financial, tax or accounting advice. Crowdfunding (especially equity and lending models) can be regulated, and the right approach depends on your circumstances. If you’re unsure, get legal advice and speak with your accountant about GST, income tax and record-keeping before you launch.
What Do You Want Crowdfunding To Achieve?
Before you compare crowdfunding platforms, get clear on why you’re crowdfunding in the first place.
This matters because the “right” platform is usually the one that best matches your goal, not necessarily the one with the biggest headline numbers.
Common Crowdfunding Goals For Australian Businesses
- Pre-selling a product to fund manufacturing and prove market demand
- Raising capital to grow (for example, hiring, expanding into new markets, scaling operations)
- Funding a one-off project (like a creative project or community initiative)
- Building a customer community and mailing list before you launch
- Testing pricing and positioning to see what people will pay
If your main goal is to raise growth capital, it can also be worth having a quick discussion about your broader fundraising plan (not just crowdfunding), including whether you’re better suited to equity funding, debt funding, or a different capital raising structure. This is where a capital raising consult can be useful early on.
Ask Yourself These “Fit” Questions
To avoid ending up on a platform that creates more work than it’s worth, pressure-test your plan with a few practical questions:
- Are you raising money in exchange for rewards, or in exchange for equity?
- Do you have a clear target amount and timeline - and what happens if you don’t hit it?
- Can your business actually deliver what you’re promising (stock levels, lead times, fulfilment, support)?
- Are you comfortable disclosing parts of your business publicly (financials, traction, plans)?
- Will your campaign create a long-term relationship with backers/investors that you’ll need to manage?
Once you know your goal, you’ll be able to narrow down crowdfunding platforms much faster.
Understand The Main Types Of Crowdfunding Platforms
Not all crowdfunding is the same. In practice, “crowdfunding platforms” usually fall into a few broad categories, and each category comes with different expectations, costs, and legal implications.
Reward-Based Crowdfunding
This is where supporters contribute money and receive a reward (often the product itself, early access, a discount, or a bundle).
Reward-based crowdfunding often works well for:
- physical products (consumer goods, hardware, food and beverage products)
- creative projects
- businesses that want to validate demand before committing to large production runs
Key point: reward-based crowdfunding can look a lot like taking pre-orders. That means your advertising, product claims, delivery timeframes, and refund handling should be carefully thought through.
Equity Crowdfunding (Crowd-Sourced Funding)
Equity crowdfunding (often referred to in Australia as crowd-sourced funding) is where you raise funds by issuing shares to investors.
This can be appealing if you want to raise larger amounts for growth and you’re comfortable with investors coming on board.
Key point: equity crowdfunding is regulated in Australia and usually needs to be run through a properly licensed crowd-sourced funding (CSF) intermediary platform. There are eligibility rules, disclosure requirements, and rules about how offers are made and communicated. You’ll also need a plan for managing shareholders after the raise (because they won’t just disappear once the campaign ends).
Donation-Based Crowdfunding
This is typically used for community causes, charitable projects, or personal fundraising. For most startups and small businesses, donation-based crowdfunding isn’t the right fit unless there’s a genuine community/public benefit angle.
Debt Crowdfunding (Peer-To-Peer Lending Style)
This is where funds are raised as a loan that must be repaid (often with interest), rather than selling equity or offering rewards.
Debt-style models can be useful for established businesses with predictable cash flow, but they’re also typically regulated (for example, lending and financial services laws can apply, and platforms may need to be licensed). You need to be confident you can service repayments even if the campaign doesn’t translate into the growth you expect.
How To Compare Crowdfunding Platforms (A Practical Checklist)
Once you’ve chosen the “type” of crowdfunding you’re aiming for, you can start comparing crowdfunding platforms based on criteria that actually affect outcomes - not just surface-level popularity.
1. Funding Model: All-Or-Nothing Vs Flexible Funding
Many crowdfunding platforms use either:
- All-or-nothing funding (you only receive funds if you hit your target), or
- Flexible funding (you may keep what you raise, even if you miss the target)
All-or-nothing can create urgency and protect you from being under-funded (which is important if your project can’t be delivered unless you hit a minimum). Flexible funding can be helpful if any amount makes a difference - but it can also leave you trying to deliver a campaign on a budget that’s too small.
2. Fees, Payment Processing, And “Hidden” Costs
Crowdfunding platform fees vary a lot. When comparing, look at:
- platform fees (a percentage of funds raised)
- payment processing fees
- withdrawal fees (if any)
- currency conversion fees (if you accept international backers)
- costs of required verification checks (particularly for equity raises)
It’s also worth factoring in your non-platform costs, like video production, prototype development, ads, PR support, and fulfilment logistics.
3. Audience Fit And Discovery
A platform can be “big” and still be wrong for your campaign.
Ask:
- Is the platform’s audience mainly consumers, investors, or donors?
- Does your product category typically perform well there?
- How does the platform drive traffic - or is it assumed you’ll bring your own audience?
If the platform doesn’t actively help with discovery, you’ll need to treat crowdfunding like a marketing campaign (email list, social strategy, PR, paid ads) rather than a passive fundraiser.
4. Campaign Page Controls And Brand Experience
Your campaign page is often the first “sales page” customers see. Compare crowdfunding platforms based on:
- how much you can customise the page (layout, video, FAQs, updates)
- your ability to collect emails and build an audience
- whether you can add terms, disclaimers, and delivery conditions clearly
- how updates are communicated to supporters/investors
From a legal risk perspective, clarity is your friend. If a platform makes it hard to explain delivery windows, refund limits (where permitted), or product limitations, you may be taking on unnecessary disputes later.
5. Backer/Investor Management Tools
Crowdfunding doesn’t end when you hit your target.
Look for features like:
- automated updates and messaging tools
- order surveys (sizes, colours, shipping addresses)
- refund and dispute handling tools
- investor reporting tools (for equity crowdfunding)
If you’re offering equity, ongoing communications and record-keeping become much more important - because you may have legal obligations to shareholders, and you’ll want a clean system from day one.
6. Geographic Reach And Australian Readiness
If your startup or small business is based in Australia, check:
- does the platform allow Australian creators/issuers?
- can you receive funds into an Australian bank account?
- does it support GST-inclusive pricing if relevant?
- does it provide tools suitable for Australian legal compliance (especially for equity crowdfunding)?
Even where a platform technically allows Australian campaigns, the practical experience can differ (tax settings, shipping expectations, local consumer law assumptions, and support responsiveness). It’s also worth confirming with your accountant how GST and income tax apply to your particular crowdfunding model (for example, pre-sales/rewards vs donations vs equity).
Legal Issues To Think About Before You Launch On Crowdfunding Platforms
Crowdfunding is often marketed as “simple,” but from a legal perspective, it can touch multiple risk areas at once: advertising, consumer rights, privacy, intellectual property, and (for equity crowdfunding) corporate law and fundraising regulation.
Getting these foundations right early makes your campaign easier to run - and helps prevent the kind of disputes that can quickly derail momentum.
Australian Consumer Law (ACL): Don’t Overpromise
If you’re offering products or services through crowdfunding, you need to think about your obligations under the Australian Consumer Law (ACL).
In plain terms, that means being careful about:
- claims you make about performance, results, or product features
- pricing comparisons and “limited time” statements
- delivery timeframes (especially if you’re still prototyping)
- how you handle refunds, replacements, and complaints
If your campaign language reads like a guarantee but your operations can’t support it, you’re exposing your business to consumer complaints and reputational damage.
Intellectual Property: Protect Your Brand Before You Go Public
Crowdfunding is public. That’s great for marketing, but it also means people will see your brand name, logo, product design, and messaging - sometimes before you’ve locked down your rights.
Before launching, it’s worth considering:
- trade mark protection for your brand name/logo
- who owns the IP created by contractors (designers, developers, photographers)
- whether you need NDAs for partners/suppliers (note: an NDA won’t protect what you publish publicly)
It’s also smart to search for potential conflicts early, so you don’t build a campaign around a name you can’t use long-term.
Privacy And Data Collection: You May Need A Privacy Policy
Many businesses use crowdfunding to build an email list and retarget supporters later. That’s commercially sensible - but if you’re collecting personal information, you should think about your privacy compliance.
Depending on your size and what data you collect, you may need a Privacy Policy, and you should also ensure your campaign page and website explain how you handle personal information.
If You’re Raising Equity: Your Business Structure Matters
If you’re doing equity crowdfunding, you generally need an appropriate structure in place (often a company), because you’ll be issuing shares and managing shareholder rights.
This is also where your internal governance documents become critical. For example:
- a Company Constitution sets the rules for how the company is governed
- a Shareholders Agreement helps manage decision-making, exits, and what happens if co-founders or shareholders disagree
These documents won’t just help you “tick a legal box” - they can make your business far more investable, because they show you’re set up to manage investors properly.
What Legal Documents Should You Prepare For A Crowdfunding Campaign?
Think of crowdfunding as a high-speed launch. Once you go live, you’re taking money from a large group of people, often at scale. Having the right legal documents in place helps you manage expectations and reduce disputes.
Not every business will need every document below, but most campaigns benefit from covering the basics before launch.
Core Documents For Reward-Based Campaigns
- Customer-facing terms: clear terms around delivery timeframes, what supporters receive, refund processes, and limitations (especially if supply chain issues arise).
- Website terms: if you’re driving traffic to your own site (even just for email capture), having Website Terms and Conditions can help set rules for site use and reduce misunderstandings.
- Supplier/manufacturer agreements: if you’re relying on a manufacturer to deliver your product, you’ll want agreements that cover quality standards, timelines, IP, and what happens if there are delays.
Core Documents For Equity Crowdfunding
If your campaign involves issuing shares, your documentation needs are usually broader because you’re taking on investors rather than customers.
- Offer and fundraising documents: the required disclosures and offer mechanics need to be right for your raise (including any platform-specific requirements for how the offer is made).
- Share issue paperwork: you may need a Share Subscription Agreement (or equivalent) to document the issue of shares and key terms.
- Investment terms: even when terms are presented within platform templates, it’s often useful to have a clear term sheet so everyone understands the headline deal terms and what’s being offered.
- Governance documents: your Company Constitution and Shareholders Agreement become central once you have multiple shareholders.
Contractor And IP Documentation (Often Overlooked)
Many crowdfunding campaigns are built with help from contractors: designers, developers, photographers, videographers, marketers, or product engineers.
If you don’t have the right contracts in place, you can end up in a messy situation where your business doesn’t clearly own the content, branding, or product designs used in the campaign.
A good campaign “housekeeping” checklist often includes:
- contracts confirming your business owns (or is licensed to use) creative assets
- clear scope, deliverables, and payment terms for contractors
- confidentiality clauses where appropriate
This isn’t about being overly formal - it’s about preventing disputes when your campaign is moving quickly and money is on the line.
Choosing Crowdfunding Platforms Based On Risk (Not Just Revenue)
When you’re comparing crowdfunding platforms, it’s easy to focus on the maximum amount you could raise.
But from a legal and commercial perspective, you should also consider the “cost” of success - meaning the operational and compliance burden that comes with a great campaign outcome.
If You’re Shipping A Product: Delivery Risk Is A Legal Risk
If you raise a lot of money but can’t deliver on time, you may face:
- refund demands and chargebacks
- complaints about misleading statements (even if unintentional)
- reputational damage that affects future sales
When evaluating crowdfunding platforms, check how they handle:
- updates and communications during delays
- refund processing and disputes
- backer expectations (some platforms have communities that are more tolerant of product iteration than others)
If You’re Raising Equity: Shareholder Management Is Ongoing
Equity crowdfunding can be a powerful growth tool, but it also changes the nature of your business.
You’ll likely need to think about:
- how decisions are made and who controls the company
- what information you share with shareholders and how often
- future fundraising rounds (and how early investors are treated)
- the admin burden of managing a shareholder base
This is why it’s important to be prepared with the right structure and documents before you launch, rather than scrambling once investors have already committed funds.
Platform Rules Can Create Obligations Too
Finally, remember that crowdfunding platforms often have their own rules and terms, and those can affect your campaign.
For example, platform terms might cover:
- how you describe your offering
- what happens if your campaign is paused or removed
- how disputes are handled
- what fees apply and when they can change
Even if the platform terms are “standard”, it’s still worth understanding what you’re signing up to - especially if your campaign is a core part of your business launch strategy.
Key Takeaways
- Crowdfunding platforms aren’t one-size-fits-all - start by clarifying whether you’re pre-selling a product, raising growth capital, or funding a project.
- The main types of crowdfunding include reward-based, equity crowdfunding (crowd-sourced funding), donation-based, and debt-style models, each with different commercial and legal implications (and equity/debt models can be regulated).
- When comparing crowdfunding platforms, look beyond popularity and focus on funding model, total fees, audience fit, campaign controls, and supporter/investor management tools.
- Australian Consumer Law (ACL), privacy obligations, and intellectual property protection can all become major issues once your campaign is public and taking payments.
- If you’re raising equity, your structure and governance documents (like a Company Constitution and Shareholders Agreement) can be critical to keeping your raise compliant and your investor relationships manageable.
- Strong legal documents before launch can reduce disputes and set clearer expectations, especially around delivery, refunds, and ownership of campaign assets.
If you’d like help setting up your crowdfunding campaign the right way - including your structure, investor terms, and key legal documents - you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








