Federal Court of Australia
Federal Court of Australia
Hallam v Tancred [2024] FCA 837 Appeal from: Tancred v Shallam Pty Ltd [2023] FedCFamC2G 777
File number: NSD 1035 of 2023
Judgment of: LOGAN J
Date of judgment: 31 July 2024
Catchwords: INDUSTRIAL LAW – appeal from Federal Circuit and Family Court of Australia (Division 2) (Circuit Court) – where the primary judge found that the Respondents were employees of the applicant – whether leave to appeal required – ss 4, 24 of the Federal Court of Australia Act 1976 (Cth) – whether the orders of the primary judge were interlocutory – where the business arrangements were made orally – whether post-contractual conduct can determine whether a contract of employment existed – where parties label their relationship – whether a partnership existed – whether fiduciary duties were owed before a partnership existed – whether there was an intention to create contractual relations
Legislation: Constitution s 73 Fair Work Act 2009 (Cth) ss 44, 45, 357, 545, 546 Federal Court of Australia Act 1976 (Cth) ss 4, 24 Partnership Act 1892 (NSW) s 2
Cases cited: Air Great Lakes Pty Ltd v KS Easter (Holdings) Pty Ltd (1985) 2 NSWLR 309 Allen v Carbone (1975) 132 CLR 528 Anglo American Investments Pty Ltd (Trustee) v Commissioner of Taxation [2022] FCA 971 Arrowcrest Group Pty Ltd v Gill (1993) 46 FCR 90 Australian Mutual Provident Society v Chaplin (1978) 52 ALJR 407 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 Canny Gabriel Castle Jackson Advertising Pty Ltd v Volume Sales (Finance) Pty Ltd (1974) 131 CLR 321 Carmichael v National Power Plc [1999] 1 WLR 2042 Connelly v Wells (1994) 55 IR 73 Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd (2022) 275 CLR 165 County Securities Pty Ltd v Challenger Group Holdings Pty Ltd [2008] NSWCA 193 Cowell v Quilter Goodison Company Limited, Q.G. Management Services Limited [1989] IRLR 392 Damorgold Pty Ltd v J.A.I. Products Pty Ltd [2014] FCA 448 Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95 Federal Commissioner of Taxation v Everett (1980) 143 CLR 440 Lee v Lee (2019) 266 CLR 129 Lenzoot Haulage Pty Ltd v Sinclair (1986) 42 SASR 506 South Australia v The Commonwealth (1962) 108 CLR 130 Tancred v Shallam Pty Ltd [2023] FedCFamC2G 777 United Dominions Corporation Ltd v Brian Pty Ltd (1985) 157 CLR 1 ZG Operations Australia Pty Ltd v Jamsek (2022) 275 CLR 254
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