The "Online and Face to Face Accounting" business is now incorporated. Tom has recently come into the new office and as he exits the lift he is struck by a trolley full of new computer equipment which then all falls on him. He is badly injured and unfortunately dies a few days later. Tom's spouse has made a claim for compensation under the company's insurance policy that covers death of an employee, but the insurer refuses to pay. The insurer argues that Tom was a joint owner of the "Online and Face to Face Accounting" business and not just an employee

Is the insurer justified in refusing to pay Tom's spouse a compensation payment on the ground argued by the insurer? Use the Corporations Act and any relevant case law to support your argument and conclusion. (5 marks)