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Two recent matters concerning the dangerous recreational activity (DRA) defence provide the insurance industry with parameters concerning the extent to which the DRA defence is available to insurers where obvious risks are involved.
2021 was a precedent-setting year for litigation relating to dangerous recreational activities (DRAs) and the engagement of the dangerous recreational activity defence under section 5L of the Civil Liability Act 2002 (NSW).
Even before March 2020, before COVID Omicron, the RAT’s and the lockdowns, knowing what ‘normal’ was meant to look like was always a challenge. For employers and their advisors, we relied on the laws and decisions of the Tribunals and Courts to provide direction about what could (or should) be done (or not done).
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