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ARTICLE · 23 JULY 2014

Does a waiver wave away all rights to make a claim for restitution?

While waivers offer a large degree of protection to an organisation, each case is considered on its individual merits.

AustraliaLitigation, Mediation & Arbitration

We're told to sign them every time we do any sort of organised activity that could be considered risky such as clubs or schools teaching surfing, horse riding, abseiling, bungee jumping, whitewater rafting, skiing, rock climbing or hang gliding. "Sign this waiver before we start," they say - thrusting a paper with legalistic phrases in front of us. Try to say 'hold on, I want to check this out,' while kids are crying to get going and you'll ruin the day. So we sign hoping nothing goes wrong.

But are we signing away all claims for restitution should the equipment break, the horse throw us off, or the canoe sink? Is the company running the show now exempt from responsibility? The answers could lie in Section 5N of the Civil Liabilities Act of 2002. It's not riveting reading, but it's worth knowing about it.

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