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Australia Leading Case employee vs contractortotality of relationshipemployer liabilitygig economy

Hollis v Vabu Pty Ltd

(2001) 207 CLR 21
JurisdictionAustralia
CourtHigh Court of Australia
Year2001
StatusBinding authority

Key Principle

Whether a worker is an employee (giving rise to vicarious liability) or an independent contractor is determined by a multifactorial assessment of the totality of the relationship — the parties' label is not determinative. Bicycle couriers held to be employees notwithstanding contractual designation as contractors.

Area of Law

torts: vicarious liability

Related Cases

Australian Securities and Investments Commission v Bekier (Liability Judgment) [2026] FCA 196
Hopper & Anor v State of Victoria [2026] HCA 11
Wright Prospecting Pty Ltd v Hancock Prospecting Pty Ltd & Ors [2026] WASC 101

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