When determining whether a person is a 'worker' under s 5 of the Accident Compensation Act 1985 (Vic), a trial judge may refer to the circumstances of an earlier engagement between the parties to characterise a later engagement, particularly where the case was argued on the basis that both engagements were on the same terms. The path of reasoning leading to a finding on competing indicia may be necessarily inferred from the reasons read as a whole, even where the judge does not expressly identify which factors were regarded as conclusive.
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