https://www.cbp.com.au/insights/insights/2020/november/ski-case-falls-flat Main takeaways (per CBP) Skiing is a "dangerous recreational activity" as defined in s 5K of the CLA. The relevant risk was the risk of a collision between two skiers. That was an "obvious risk" within the meaning of the CLA. Reliance on the guarantee to provide services with due care and skill in section 60 of the ACL does not defeat the dangerous recreational activity defence arising under s 5L of the CLA. A contractual liability exclusion does not overcome a failure to comply with section 60 of the ACL, where the reckless conduct of a supplier enlivens the exception set out in section 139A(5) CCA.