Independent Contractor Agreement [Australia]

Australian Capital Territory
New South Wales
Northern Territory
Queensland
South Australia
Tasmania
Victoria
Western Australia
All Australian States + Territories

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Powerful Protection when engaging Contractors in Australia

Our Independent Contractor Agreement is a powerful tool that protects you when engaging staff as contractors in Australia.

As an alternative to an Employment Contract, this Independent Contractor Agreement enables you to engage staff through more flexible arrangements.

Our fully customisable legal document allows for the selection of multiple options, including details regarding the scope of services, fees, invoicing and payment structures.

This legal document usually favours the recipient of the services and some of its significant features include:

1️⃣ The ability to incorporate provisions such as confidentiality, IP, insurance, and more;

2️⃣ The ability to include a detailed description of the services with optional phases and out-of-scope work;

3️⃣ Highly customisable and detailed fee options including fixed rates and hourly rates;

4️⃣ Invoicing and payment options, including periodic or non-periodic payments;

5️⃣ Non-solicitation and non-compete obligations and termination provisions.

Employee or Independent Contractor?

➲ The High Court's Radical Change to the Rules [Current Law]

Introducing Certainty into the Categorisation of Employment Status

As a result of two recent High Court of Australia decisions it is now much easier to engage workers as independent contractors by using a well drafted written contract even if:

⚓️ Under the longstanding old rules for determining employment status they would have been clearly categorised as employees; and

⚓️ Have no business of their own.

Traditionally the substance of the working arrangement took precedence over the agreed contractual terms such that the substance or reality of the working arrangement could override the contractual arrangements.

From now on, the majority of the High Court have effectively flipped the old rules on their head, at least where there is a written contract.

The written contract is now the governor of employment status, not the substance of the working arrangement.

This is regardless of whether the worker has their own business or was in a weaker bargaining position at the time the contract was executed.

Consequently, what may have previously been held to an employee working arrangement is likely to be upheld as a valid independent contractor agreement.

Importantly, this radical change provides certainty around this previously grey area of worker contracting where an employer had to be conservative out of necessity as they could have been found at anytime to have been retrospectively engaging workers as employees, with potentially devastating financial consequences ensuing if the reclassification was applied retrospectively across their entire workforce.

Further reading: Australian Employment Law Bulletin [2023] ➲ 7 Cherry-Picked Changes (Some Radical)

Test your knowledge and get a discount for this document: take the Employee v. Contractor ➲ Mythbusters.

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What clients say

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James has been great to work with. I called him on a Monday and by Tuesday he had a formal [19-Page] Concerns Notice sent to a person defaming me and my business. He stayed in touch throughout the day, kept me updated regularly and was diligent to ensure we were exercising all of my rights under the law. Thanks, James!

Crystal Polson | Defamation & Injurious Falsehood [Vic]

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Google

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May 2023

James was great, going above and beyond to help me with my enquiry. He provided detailed explanations with references to the appropriate regulations and case examples.

Siyuan W. | Landlord (NSW)

11

May 2023

We needed a really good lawyer and after doing our research we decided to contact Blue Ocean Law Group. James runs a very efficient service and has extensive knowledge of Defamation Law. Nothing was a problem. James would follow up with me regarding issues that had arisen. He dealt with each issue in a professional and ethical manner. James would explain every detail on the phone and the process could not have been easier!

Lake Macquarie Coastal Glass | Defamation Concerns Notice (NSW) [1 of 2]

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3

Mar 2023

Blue Ocean Law Group's website has plenty of information in easy, layman's language that explains how Defamation Law works in Australia and from there, it was really easy to book an appointment online. James is a thoroughly professional Lawyer and it was a pleasure dealing with him. Keep up the good work, James! Cheers! ⭐️⭐️⭐️⭐️⭐️

Lake Macquarie Coastal Glass | Defamation Concerns Notice (NSW) [2 of 2]

3

Mar 2023

(Translated by Google) Lawyer James Ford was the best. He assisted me all the way through a dispute with a tenant who tried his best to extort money from the landlord due to a conflict with another tenant. James is reliable in his profession amongst lawyers in this field ... James patiently guided me, a landlord whose English is my second language, throughout the whole process ... It was because of his command that my case was turned from a disadvantage to an advantage. His charges are also very reasonable. So if you are a landlord I would highly recommend 'James Ford' to you.

Carol Ma | NCAT Landlord Tenant Dispute (NSW)

6

Feb 2023

Very helpful and thorough advice. James was able to explain the options available to us in detail, and the implications involved. He was knowledgeable and very professional. Would definitely go to him again.

Haim Zagroon

12

Jan 2023

James was very patient and understood my legal issues. He gave me the most detailed answer he could and extended the time as he wanted to give me the answers I needed. He was very knowledgeable in his area and was able to offer me insightful advice. Would highly recommend.

Wenyi

23

Dec 2022

Our case was unique. My client was based in Thailand and we needed a lawyer in Australia. After searching several firms in NSW we found Blue Ocean Law Group. James was very helpful. He explained the matter in detail via emails and on several occasions over the phone to us in Thailand. The resources on the firm's website were also very helpful in providing additional information for us. I would highly recommend James and will use him again if we need a lawyer in Australia.

Samram Laepong

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Dec 2022

Great Service and very professional!

Zhang Rose | NSW Real Estate Agent + Landlord

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Nov 2022

General FAQ

Employee or Contractor: Are we breaking the law?

We recommend you download + study in detail our Free PDF Explainer Guide

Employee or Contractor: Are you Breaking the Law?

To help you determine whether or not the arrangements need to be made via an:

 Employment Contract; or an

➲ Independent Contractor Agreement.

What is a Force Majeure clause?

What is a Force Majeure clause?

A force majeure clause is a method of allocating the risk of a disruptive event. It is a broad catch-all provision whereby the parties list categories or specific instances of otherwise frustrating events, together with the party or parties to bear the risk of the event occurring.

The clause can also grant options to vary, suspend or terminate the contract to one or more of the parties. [1]

Force majeure clauses form part of a contract’s express terms, subject to the conventional methods of construction.

Absent a force majeure clause, it is unlikely a contract’s commercial purpose would suggest that such a provision is so apparent that it goes without saying [2], meaning a court is likely to refuse to imply it.

Further Reading:

For a more detailed discussion please refer to our blog article “Force Majeure Clauses & Frustration: Why the COVID-19 Pandemic is a Wake-Up Call" by Shakvaan Wijetunga | Virtual Intern at Blue Ocean Law Group℠.

Footnotes:

[1] Eg., Yara Nipro P/L v Interfert Australia P/L [2010] QCA 128, [26].

[2] BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266, 283.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

How can we quickly & easily hire + pay employees internationally?

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Blue Ocean Law Group℠ has partnered with Globalization Partners to provide Employer of Record services for our clients.

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The businesses they serve are serious about their reputations.

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Having this certification is crucial for United States-based companies doing business in the European Economic Area (EEA), and absolutely necessary to protect clients in operating around the globe.

Globalization Partners is the first, and currently the only, Global Employer of Record with Privacy Shield Framework certification for Human Resources data.

Contact us when you need to establish a local branch in Australia

Australian Company Secretarial / Commercial/Corporate Law + Plus much more …

If and when the time arrives to establish a local branch office in Australia, Blue Ocean Law Group℠ have got you covered.

Immigration Law

Please also let us know if you need assistance with immigration matters, or if the matter is urgent, you can contact our hand-picked Australian Immigration Lawyer, Nilesh Nandan and his team at MyVisa®.

Important Note: If you advise Globalization Partners that you have been referred by us, or simply let us know you are interested, you can qualify for a 10% discount.

Credits:

This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.