Hazell v Sewell

The applicant, Hazell, brought proceedings against the respondent, Sewell, seeking to establish that he was an employee, rather than an independent contractor, for the purposes of certain industrial instruments. The dispute concerned the nature of Hazell's engagement as a DJ. The matter was heard in the Federal Circuit Court of Australia by Judge Altobelli.

The central legal issue before the court was to determine whether Hazell's engagement as a DJ constituted employment, and if so, whether that employment was covered by the Live Performance Award 2010. This required an assessment of the contractual relationship between the parties to ascertain the true nature of their arrangement.

Judge Altobelli considered the various indicia of employment and independent contracting. Applying established legal principles, the court found that Hazell was a casual employee of the respondent. However, the court further determined that Hazell's employment was not covered by the Live Performance Award 2010. Consequently, the court dismissed the application and statement of claim, and removed the matter from the list of cases awaiting finalisation.