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Cross Border Employer Blog

Posts in Australia.

The Full Court of the Federal Court of Australia recently considered whether an agency contractor was an employee or an independent contractor in the case of Tattsbet Limited v. Morrow [2015] FCAFC 62. Overturning the lower court, the Full Court found that a former agency contractor had been engaged as an independent contractor. In reaching its decision, the Full Court applied a multi-factor test to determine the status of the worker, rejecting the ...

2015 marks the 75th anniversary of diplomatic relations between the United States and Australia. In 1940, the two countries established diplomatic relations following the United Kingdom's recognition of Australia's domestic and external autonomy within the British Empire. The United States and Australia continue to maintain a robust partnership.

Many US Businesses maintain a strong presence in Australia and sending key personnel into the ...

U.S. employers wishing to hire a foreign worker who is an Australian citizen should consider the E-3 visa category. The E-3 visa category is only available for Australian citizens. The E-3 visa category permits Australian citizens to work in the U.S. in “specialty occupations” on a temporary basis.

A recent decision from the Court of Appeals of New South Wales, Australia, illustrates the potential value of using a series of independent but “cascading” covenants to create options for enforceability of restrictive clauses depending on what a reviewing court may find to be reasonable.

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