Frank is cycling to work. As the road is busy he decides to use a path through some woods, on land owned by Gareth.

In the past, Gareth has allowed people to use the path through the woods.

As he enters the woods, Frank sees Gareth ahead. Gareth shouts at him:

'Get off my land! It is private now.'

Frank ignores him and continues to cycle towards Gareth, who moves to block the path.

Gareth shouts that he will knock Frank off his bike if he carries on.

Frank does not slow down and collides with Gareth, who falls and cuts his head.

Advise the Gareth as to his rights and responsibilities in this situation. Use IRAC method.

(tresspass to land)

Australian law (victoria) case law

wrongs act : http://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/