A principal is not vicariously liable for the negligence of a person who is neither an employee nor an agent but merely a 'representative' — the wider proposition propounded by McHugh J in Hollis v Vabu Pty Ltd does not represent current Australian law. The absence of control (both in law and in fact) over a worker is a very strong indicator that the worker is not an employee. The absence of mutuality of obligation to provide and perform work for a period is also an important indicator of independent contractor status.
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