Uncertainty, unfairness and complexity in the context of recreational activities
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The law governing liability arising from personal injuries occurring in the course of recreational activities is exceedingly complex.1 One of the complexities is that statutory guarantees that services be provided with due care and skill under the Australian Consumer Law (ACL) can be excluded via s139A Competition and Consumer Act 20W (Cth) (CCA), limited in its application to Commonwealth jurisdiction. Importantly, therefore, the exclusion provision is not contained in the ACL itself, nor are there equivalent provisions in the State FairTrading Acts or the CLAs.
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