Bogan Beach Council Dear Colleague, I am writing to you for a preliminary opinion on a brief that you may be interested in if the matter goes to court. For now, I just need a preliminary advice on your standard consulting contract with our firm. Earlier this year Bogan Beach Council announced that it would celebrate the virtues of striving to achieve 'Net Zero' (i.e. eliminating all carbon emissions) by convening a festival - comprising a series of stalls, activities and live entertainment on Bogan Beach itself. Enthused by the prospect of saving the planet local resident Kevin attends the festival that weekend with his adopted adult son Mal along with Mal's girlfriend Julie. In an effort to generate public support for 'wind power' as a form of renewable energy, the Council provides beach goers with a complimentary loan of a Windsurf board for the day to experience the untapped power of the wind in the waters off Bogan Beach. It is common knowledge that windsurfers can easily lose control of the windsurf board and be blown outside the limited area of water adjacent to the beach that is protected by anti-shark nets (designed to prevent sharks entering the shallow water near the beach). Windsurfing is also regarded as involving a significant risk of physical harm. Kevin, intrigued by windsurfing, borrows a windsurf board and is unfortunately soon blown outside the area of the beach protected by anti-shark nets where a passing tiger shark, mistaking Kevin for a tasty plump seal, lunges at him and takes a bite out of his right buttock. Bogan Beach Council had not invested in the deployment of a fleet of advanced flying 'shark deterrent drones' (which would probably have enabled Council to prevent shark attacks over a far greater area than anti-shark netting including the area where Kevin was attacked) because it had instead prioritized investment in renewable energy to achieve its goal of 'Net Zero'. Although Kevin (exasperated by the failure of Council to warn him against the risk of losing control of the windsurf board and being blown outside the area protected by anti-shark netting) is nevertheless able to return to shore he is immediately taken to hospital to receive medical treatment for his injury. In the interim Kevin arrives at Bogan Beach hospital after being bitten and, in light of his evident desperation to embark upon a political career to boost his self-esteem at any cost regardless of the risks, he is advised by leading cosmetic surgeon Dr Nick of the availability of a new medical procedure to restore the shape and size of his buttock after the shark attack. Dr Nick does not mention to Kevin that there is a one in a hundred thousand (1/100,000) chance that instead of restoring his buttock to its ordinary appearance the procedure may actually exacerbate the size of her bitten buttock and leave him with mismatched buttocks. Although Dr Nick conducts the medical procedure in a manner approved by 70% of cosmetic surgeons in Australia, the procedure is unsuccessful and Kevin's right buttock is left permanently swollen leaving him with mismatched buttocks that substantially diminish his prospects of a successful political career into which he was hoping to transition at the next Federal election in three years from his existing role as a 'Drain Inspector' for the NSW Department of Drainage

with reference to the civil liability act and case law, Bogan Beach Council seeks your advice regarding: the prospects of remedies being awarded regarding any successful cause of action identified above and the basis on which such remedies are calculated