Thread: 4wd to Forbes Hut - Clarence River

Originally Posted by Padox

What's ur address il send u the 6" thick h&s book on my desk so what ur saying is I should b locking gates round here and charging for the track to get to the Doc walking tracks

That would be the manual created by yourselves and your consultant to mitigate risk, perceived or imaginary, rather than a definitive legal opinion?

Seriously mate?

Look what you and others are not understanding is the when the average joe asks for a legal opinion, he is actually asking for a pragmatic solution.

I have given you a legal opinion, (that none of you are entitled to rely on) on the position that the courts would tend to apply given a set of facts involving a simple fee to gain access for unsupervised recreation access, without other complicating factors.

Now that is the position but other facts always play a part, and collecting a fee can be another fact that has bearing on whether or not the farm would be considered a workplace for people other than employees entering.

To avoid risk, people take your position - but that does not mean that your legal application is correct. Nor theirs.

It appears to me that when the average punter asks for legal advice, he should first seek to understand the law, and then apply the law in an appropriate manner according to his level of risk tolerance. You appear to be trying to argue the law from your position of pragmatic response but frankly you are incorrect.

But one thing we all agree on, is that to make the argument is stressful, costly and time consuming.