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Published by Leighton Hawkes
Mar 12, 2020 in Health & Government

Riding into danger: Motocross, track licencing and dangerous recreational activity defences. What is the proper test?

Following a serious accident during a motocross competition event in 2004, a claim was brought against the State of New South Wales (the Office of Sport) as the entity with the statutory obligation to administer the compulsory scheme for licensing all motor racing venues in NSW.  The State successfully raised a defence to the claim under the 'dangerous recreational activity' provisions in Section 5L of the Civil Liability Act 2002.  In its...
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