Max was an employee driver of XYZ Transport Ltd (XYZ). Staff were required to follow a

work system designed by XYZ Transport Ltd.

The company decided that it would not employ driving staff in future and terminated the employment of its staff. It offered its ex-staff opportunities to set up their own companies to contract with XYZ Transport Ltd to provide services in their own right.

Max took up this opportunity and formed his own company Maxit Transport Pty Ltd. He purchased his own truck, he worked for his company and followed the work system that had been designed by XYZ Transport Ltd. He did not take out employee insurance.

While delivering goods under his companys contract with XYZ, he injured his leg. He sued XYZ for his injuries, stating that he had followed their work system.

REQUIRED:

Advise whether Max will succeed in his action against XYZ.

(30 Marks)

Please answer this question with IRAC model. Thank you