Contractor or Employee? Getting it Right Has Never Mattered More

If your contractor arrangements haven't been reviewed since the rules changed, they probably don't hold up.

The ATO and Fair Work are both actively targeting sham contracting, and the legal definition of employment shifted again in FY26. Get it wrong and you're looking at back-pay, super liability, penalties, and potential prosecution. Timothy Quinn, Head of Tax & Accounting at Lawpath, and Ash Bailey, Lawyer at Lawpath, cover the full picture: how the law defines the difference, what the ATO looks for, how to structure contractor agreements correctly, and what to do if your current arrangements don't stack up.

30th July, 2026, 12:00 PM AEST

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In this session, Timothy and Ash will cover: 

  • How the law defines the difference: The legal tests that Fair Work and the courts apply when determining whether someone is a contractor or employee
  • What the ATO looks for: The tax and super indicators the ATO uses in audits, and the common arrangements that draw scrutiny
  • Super liability exposure: How misclassification creates back-dated super obligations and how to quantify your exposure
  • Contractor agreement structure: What a compliant contractor agreement needs to include, and the clauses that won't hold up under review
  • Remediation options: What to do if you review your arrangements and find they don't meet the current standard
 

Why Attend?

Legal and accounting perspective together, so you can assess your risk and act on it.

Understand the current legal standard

The definition of employment under Fair Work has changed. This session explains what the tests are and how they apply. 

Get your agreements reviewed against the right standard

Walk away knowing what a compliant contractor agreement looks like and where yours might fall short. 

Know your ATO exposure

Super liability for misclassified workers is one of the most common and costly findings in ATO reviews. Understand your risk before the ATO does. 

Both sides of the risk, covered in one session

Timothy covers the tax and super exposure. Ash covers the Fair Work and legal agreement angle. One hour, full picture. 

 

Limited seats available, register today!

 

 

 

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