Susan is a specialist commercial litigation lawyer.  Since 2004 she has worked exclusively in the area of commercial litigation acting on behalf of clients across a range of industries and market...

Phillip has practised law for over thirty years and has expertise in a broad range of litigation, family wealth and business succession matters.

Phillip’s litigation experience includes obtaining...

Emma joined SWS in 2019 and works in our Dispute Resolution Group across a broad range of commercial litigation disputes and also regularly advises on employment law.

Emma’s experience in litigation...

Employee or independent contractor?

Employee or independent contractor?

Susan Moran 26/06/2023

The distinction between whether a worker is properly characterised as an employee or an independent contractor can be difficult – and has important consequences. In two significant decisions in 2022 the High Court clarified the test for determining the relationship between a business and its workers. It means that businesses should ensure they have clear written contracts with their workers that comprehensively set out their relationship.