Knowledge Hub.

Clear Filters

When is a dangerous recreational activity risk obvious?

Tapp v Australian Bushmen’s Campdraft & Rodeo Association Limited [2022] HCA 11

On 6 April 2022, the High Court addressed the dangerous recreational activity defence under the Civil Liability Act 2002 (NSW) with its decision in Tapp v Australian Bushmen’s Campdraft & Rodeo Association Limited [2022] HCA 11.

In the decision, the majority of the High Court clarified the process by which the ‘risk of harm’ in negligence cases must be identified. Instructively, it has overturned the approach of considering ‘liability-defeating’ defences first.

In this update, W+K’s Charles Simon, Patrick Thompson and Gemma Curcio explain why insurers and their lawyers must tackle the questions of duty, breach and causation before embarking on statutory defences that have been previously used to defeat a claim.

Click on the button below to read in full.

© Wotton + Kearney 2022
This publication is intended to provide commentary and general information. It should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this publication. Persons listed may not be admitted in all states and territories. For our ILP operating in South Australia, liability is limited by a scheme approved under Professional Standards Legislation.
Subscribe