Mt Owen Pty Ltd v Parkes [2023] NSWCA 77

Where a worker is undertaking work on the premises of, and under direction from another party, the transfer of control may lead to a shift of liability from the legal employer to the “host employer”. While such a transfer has been said to arise only under “exceptional circumstances”, modern labour hire arrangements and the statutory regulation of workplace safety may more readily lead to such a finding, depending on the nature and extent of control over a worker: [41], [48].

Mersey Docks [1946] UKHL 1; [1947] AC 1 considered; Kondis v State Transport Authority (1984) 154 CLR 672; [1984] HCA 61 applied.