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12.3.2 Family-assisted employment

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In some cases, family-assisted employment may properly be characterised as suitable employment, this is to be determined on the facts of the case. Regard should be paid to whether the client's employment activities in the family business suggest a capacity to undertake similar work in the general labour market.

The amount a person is able to earn is the value to the enterprise of the client's work (reference: Cage Developments Pty Ltd v Schubert).

References
'Suitable Employment': Chapter 12
  • Cage Developments Pty Ltd v Schubert (1983) 151 CLR 584 : Self-employment as suitable employment
  • Comcare v Woodbridge (1996) (FC 96/084, 13/2/96) : Family-assisted employment as suitable employment
  • Esam v ASP Ship Management (1998) (FC 98/1129, 10/9/98) – Relevance of the labour market to suitable employment