EMI Songs Australia Pty Limited v Larrikin Music Publishing Pty Limited

EMI Songs Australia Pty Limited, a music publisher, brought an action against Larrikin Music Publishing Pty Limited and Ronald Graham Strykert, seeking a declaration that Strykert was an employee of Larrikin and thus had breached an agreement by publishing music under his own company. The dispute was heard by Jacobson J in the Federal Court of Australia. The central issue before the court was whether Strykert was an employee of Larrikin, and if so, whether he breached an agreement by publishing music independently. EMI argued that Strykert was bound by an employment agreement which restricted him from competing with Larrikin, while Strykert claimed he was an independent contractor.

The court examined the nature of the relationship between Strykert and Larrikin, focusing on the control Larrikin exercised over Strykert's work and the terms of their agreement. Jacobson J held that Strykert was an employee of Larrikin, not an independent contractor, due to the significant control Larrikin had over his work and the terms of their contract. Consequently, Strykert was found to have breached his agreement by publishing music independently. EMI sought leave to appeal this decision, arguing that the primary judge had erred in finding that Strykert was an employee and not an independent contractor.

The court granted EMI leave to appeal, finding that there was a serious question to be tried regarding the nature of Strykert's relationship with Larrikin. The court also ruled that the various notices of motion and affidavits filed by EMI be deemed served on Strykert as of a specific date, facilitating the progression of the appeal process.