Independent Contractors - Legal Advice and Negotiation:

Independent contractor agreements must comply with specific legal criteria so that the rights and liabilities as between the parties to such a contract are enforceable. In the event that a claim is made that an independent contract is something other than what it purports to be, the duties and responsibilities of each party to the agreement can be thrown into question. Various additional liabilities may also arise which neither party may have been aware of at the time the purported independent contract was entered into (these will depend on the unique facts of each case).

Legal advice relating to problems associated with independent contracts may fall under either of the following situations (amongst other situations):

• Drafting a proper independent contractor agreement.
• Reviewing an agreement that alleges to be an independent contractor agreement.
• Negotiating the terms of an independent contractor agreement.
• Disputing any provision of an existing independent contractor agreement.
  • Legality of provisions;
  • Interpretation of ambiguous terms;
  • Challenging unfair clauses.
  • Representation in alternative dispute resolution proceedings concerning some aspect of the dispute relating to an independent contract agreement:
    • Independent contractor mediation;
    • Independent contractor arbitration;
    • Independent contractor conciliation.
    • Litigation over the independent contractor agreement:
      • Advising on what types of claims can be made against a party allegedly in default:
        • Drafting of Statement of Claim or Summons (where relevant); 
        • Drafting Cross-Claim or Cross-Application (where relevant).
• Advising in relation to any defences that can be argued against allegations of default:
  • Drafting Defences and Cross-Defences (where relevant).
• Advising in relation to matters of fact as applied to the law: 
  • Seeking production of documents (pre-trial discovery);
  • Issuing Subpoena on witnesses and parties;
  • Drafting of Affidavits and compilation of Books of Exhibits.
• Advising and drafting deeds of full and final settlement.

In the event that an individual is contemplating some arrangement with a third party, legal advice should be obtained from an independent contractor solicitor. This will ensure that the client can be properly advised of the options and alternatives available to his business plans. The independent contract relationship may not be the best device through which the business relationship with the third party is to be conducted. An agency may be more beneficial to the principal in some circumstances. In other circumstances, a standard contract of employment may suffice. In more complex arrangements, the granting of a license or a franchise may be a better way to achieve what the client desires.

The contract lawyer will take instruction as to the client’s business objectives and (only after reviewing the relevant law) then propose what may be the most beneficial option from a legal perspective. Of course, the decision as to which option to chose will ultimately have to be the client’s. But a litigator who has been involved in contract law disputes will be able to advise the client in respect of risks and liabilities which may not be readily apparent at first glance.

The independent contract can be drafted so that the terms and conditions of the agreement are clearly and concisely articulated.  Depending on the nature of the business and the industry in which it will be conducted, special provisions may need to be incorporated, such as confidentiality clauses, privacy clauses, warranties, limitations of liability and other special conditions. The Navado Employment Law team works closely with the Navado Contracts Law Team, so that common resources are shared between legal practitioners working in similar or cross-over practice areas. This achieves a “cross pollination” of ideas and concepts and allows all facets of a drafting problem to be analysed from different legal angles.

Likewise, where appropriate or instructed, solicitors who have carriage of commercial and civil litigation will assess contracts before they are provided in final settled form for execution and use by clients. Commercial and civil litigation lawyers will also be intimately involved in the preparation of any Statements of Claim, Summonses, Defences and Cross Claims in relation to disputes concerning independent contractors. Litigation in the employment law area can be stressful. Attempts are made to keep these anxiety levels to a minimum by pursuing all avenues of dispute resolution (where possible) before formal proceedings are commenced. For more information about the disputes relating to independent contractors, please see our section titled “Independent Contractor Disputes.”

If you are an independent contractor and you require specific legal advice in relation to your position, feel free to make contact with our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au and arrange an appointment. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.