Power in Possession vs Fairness in Oversight
When $18.6 million worth of furniture shipments were locked in Australian ports, Nick Scali turned to the Federal Court. In Nick Scali v Lion Global Forwarding (2024), the Court upheld a freight forwarder’s lien — confirming that possession can lawfully hold power. But Clean Law’s Escrow Oversight model shows a better way: how to keep both goods and fairness moving without risk.
When “Becoming a Contractor” Becomes the Law: ZG Operations v Jamsek
For 30 years, two truck drivers delivered lighting goods for the same company. When they were told to “become contractors” — buying their own trucks — they kept working as before. But decades later, the High Court ruled they were never employees. In ZG Operations v Jamsek (2022), the Court drew a sharp line: when a contract is genuine, not a sham, its words decide the relationship. The case reshaped what “independence” means in Australian work law.
When a Contract Calls You a “Contractor” but the Law Says Otherwise
When a young backpacker signed a “self-employed contractor” agreement to work on a Perth construction site, he thought he was free — until the High Court said otherwise. In CFMMEU v Personnel Contracting (2022), the Court ruled that the true test of employment lies in the contract’s substance, not the label. This case redefined how Australia distinguishes workers from contractors — reshaping fairness in the gig economy.
When a Licence Almost Took a Brand Away From Its Owner
A licensing agreement for cheddar and butter was later argued to stop Bega from using its own name on new products. In Fonterra v Bega (2021), the Court confirmed the licence extended only to the products it defined. The decision highlights the power of precise wording in determining who controls a brand’s growth.