May 2007 On 7 May 2007 Michael Coldham presented a seminar on outdoor recreation and civil liability. In his opening address to student's at Bendigo University 's Outdoor Leadership C ourse 2007 , Michael Coldham declared:
"Outdoor Recreation and Civil Liability go hand in hand . I t is my goal to make you think about what you do and how your actions affect those in your care or control.
Today I will explain to you some of the issues that affect outdoor recreational activities and I will bring you some of the information that is being adopted in Australia that has shifted the emphasis of responsibility back to an even balance between the P articipant and the Leader . This shift has been initiated by the Federal Government investigation into the Laws of Negligence during 2002".
Tort Law reform in Australia has lifted a significant burden off organisations providing recreational services. The amendments to the Wrongs Act 1958 (Vic) in particular Part X , establish statutory obligations on service providers to gain the protection of the legislation. In Falvo v Australian Oztag Sports Association [2006] ATR at 81-831, Ipp JA was able to discuss the legislation in New South Wales and give good effect to its intentions.
If you would like more information about this area, please contact Michael Coldham of our office at your convenience. |