Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ACE Insurance Ltd v Trifunovski [2011] FCA 1204 Citation: ACE Insurance Ltd v Trifunovski [2011] FCA 1204
Parties: ACE INSURANCE LIMITED v BLAGOJA TRIFUNOVSKI, HERACLEA PTY LIMITED ACN 007 437 372, JOSEPH VIVIL RIENZIE PERIES, SHANE PEREZ, WILLIAM DICINOSKI and FETIE VICKI DICINOSKI
File number: NSD 1860 of 2008
Parties: SHANE PEREZ v ACE INSURANCE LIMITED
File number: NSD 643 of 2009
Parties: RIENZIE PERIES v ACE INSURANCE LIMITED
File number: NSD 644 of 2009
Parties: FETIE DICINOSKI v ACE INSURANCE LIMITED
File number: NSD 646 of 2009
Parties: WILLIAM DICINOSKI v ACE INSURANCE LIMITED
File number: NSD 647 of 2009
Parties: BLAGOJA TRIFUNOVSKI v ACE INSURANCE LIMITED
File number: NSD 649 of 2009
Judge: PERRAM J
Date of judgment: 25 October 2011
Corrigendum: 18 November 2011
Catchwords: INDUSTRIAL LAW – Employment relationship – existence and nature of relationship – whether insurance agents employees or independent contractors – totality of relationship EMPLOYMENT LAW – Workplace Relations Act – interaction of Workplace Relations Act 1996 (Cth) with pre-reform Award – claim for annual leave under Workplace Relations Act and award – claim for long service leave under award – Insurance Industry Award 1998 ESTOPPEL – Estoppel by convention – effect of statutory prohibition on estoppel defence TRADE PRACTCES – Misleading or deceptive conduct – whether statement in contract a representation as to a future matter – statement as to relationship between parties
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