Employee or contractor; relevance of tax arrangements

What is the relevance of taxation arrangements agreed to inter partes (between the parties in English) to the question whether…

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Employee or contractor?

It is almost a daily occurrence for the Fair Work Commission to have to decide whether a person is an…

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The concept of “disguised employment”

Contracts of service vs contracts for services; “It is important to bear in mind that there can be no employment…

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Employee or contractor No 2

“In Fair Work Ombudsman v Grouped Property Services Pty Ltd [2016] FCA 1034 (Grouped Property Services) [39]-[42], Katzman J summarised…

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Employee or contractor?

“In French AccentJiang Shen Cai trading as French Accent v Michael Anthony Do Rozario [2011] FWAFB 8307. (French Accent) it…

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ABNs and employment

The relevance of an ABN to the distinction between an employee and a contractor “An ABN, I interpolate, is an…

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Building blocks; the fundamental distinction between a contractor and an employee

“We think it particularly significant that the joint judgment endorsed the proposition that ‘‘the distinction between an employee and an…

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Employee or independent contractor; or neither?

Abdalla v Viewdaze Pty Ltd t/a Malta Travel (2003) 122 IR 215. that: “the ultimate question will always be whether…

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Roosters and ducks; does a quack render a rooster a duck?

I am often asked to advise whether the legal relationship between parties is that of principal and agent or employer…

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If it looks like a dog, and barks like a dog is it a….? Independent contractors v employees

A Full Federal Court, in a Western Australian case, has held that a relationship between a labour hire company and…

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