High Court of Australia
= Ape Appl Appl Foll Cons 4 Sooptng Co Broth ies iad ae font \ fiiginey at Ploy pos Lid v Sawmilling Co URS iL Australi aa it las Reliance Corer sbageds {Real Tid 180 Hh SASR 202 GPP) 185 Roof Ties fi yal i (Tas) Lid tB5)50
CLR 16 aa oa SENSWLRS3 'Mason & Cox Holisy Vabu Poyliay fy bad(a00} feCann 7 135 1998) 74 719 a L. ie Sates TRALIA. 389
[HIGH COURT OF AUSTRALIA.]
HUMBERSTONE : : 5 i 5 . APPELLANT APPLICANT, AND NORTHERN TIMBER MILLS. Z g . RESPONDENT. RESPONDENT,
ON APPEAL FROM THE SUPREME COURT OF VICTORIA.
Workers' Compensation (Vict.)—" Worker" —Person regularly and exclusively . (. op A. engaged in carrying goods in own truck for one firm—Payment on weight-mileage 1949, basis—Whether servant or independent contractor—Contractor agreeing to perform = ~~ work not incidental to trade or business regularly carried on by him—* Enters MELBOURNE, into a contract" —Statute—Retrospective operation—Workers' Compensation Oct. 24, 25. Act 1928-1946 (No. 3806—No. 5128) (Vict.), #. 3 (1), (6). Sa
Section 3 of the Workers' Compensation Act 1928-1946 (Vict.) provides :— Nov. 16. By sub-s. (1), that (subject to certain exceptions) "' worker' means any | 7
person . . . who has entered into or works under a contract of service Rich and Dixon or apprenticeship or otherwise with an employer." By sub-s. (6) (which was inserted in the Act in 1946): '"' Notwithstanding anything in this Act or any law where any person (in this sub-section referred to as ' the principal ') in the course of and for the purposes of his trade or business enters into a contract with any other person (in this sub-section referred to as ' the con- tractor ')—(a) under or by which the contractor agrees to perform any work not being work incidental to a trade or business regularly carried on by the contractor in his own name or under a firm or business name; and (b) in the performance of which the contractor does not either sublet the contract or | employ workers or although employing workers actually performs some part of the work himself—then for the purposes of this Act the contractor shall be deemed to be working under a contract of service with an employer and the principal shall be deemed to be that employer." z
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