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Dispute resolution agenda: challenging expert determinations

Parties to commercial contracts commonly agree on dispute resolution processes to seek to avoid court proceedings in the event of a dispute. These often provide very limited scope for an unsuccessful party to challenge the result. A recent Queensland case illustrates the risks for unsuccessful parties in the context of

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Contracts can disguise employment relationships

The Full Bench of the Fair Work Commission has upheld the original decision of the Fair Work Commission that a personal care worker had the standing to bring an employee claim under the Fair Work Act 2009 (Cth), despite two contracts that described her as an independent contractor.

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