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  • Writer's pictureShiv Jaidka

Employee vs Subcontractor Court Case Update


The latest news on the JMC Pty Ltd v Commissioner of Taxation case, the employee vs subcontractor court case. An individual lecturer initially deemed an employee by the Federal Court for superannuation purposes was later classified as an independent contractor by the full federal court upon appeal by JMC Pty Ltd.

Latest Update:

The High Court has dismissed the ATO's application for leave to appeal, affirming the lecturer's status as an independent contractor. This decision has significant implications for similar contractual arrangements, emphasizing the importance of clear contracts.


Businesses and individuals should ensure that well-drafted contracts define working relationships accurately. The ATO is expected to issue a decision impact statement, providing guidance on superannuation obligations and criteria for distinguishing employees from contractors.


The JMC Pty Ltd case's conclusion clears the lecturer's status as an independent contractor. Staying informed about ATO guidance and future developments is crucial for those in similar situations. We will continue to provide updates on this matter.



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