Lizzy is very fond of bushwalking. Lizzy decided to visit the Lane Cove National Park, over the Queens Birthday long weekend.

Lizzy drove to the National Park and as she approached the ticket booth she saw a sign next to the booth that read Enter at your own risk. No guarantees. She drove up to the booth where park ranger Wickham was selling weekend passes into the park. Wickham tells Lizzy that it costs $40 to enter the park and camp for the weekend.

Lizzy exclaimed that this was quite expensive, she said she didnt want to pay that much money unless she was guaranteed to see some of the famous flora and fauna that the park boasted. Wickham informed Lizzy that the famous flora was blooming in the South West part of the park and that if she was lucky she would see wallabies, koalas and platypuses at dawn or dusk. In light of this Lizzy decides to pay the $40 and enter the park.

Wickham hands Lizzy a sticker telling her that she has to place the sticker on the windscreen so that all the park rangers would identify her car as having paid to enter the park.

Lizzy drove to the South West part of the park and spent the entire weekend searching for the flora and fauna. She went to the exact place Wickham had mentioned and could find nothing. She was terribly disappointed. She returned to home and discovered that Wickham had lied to her. It was not the right time of year for the famous flora and there havent been any wallabies, koalas or platypus since the big bushfires five years ago. But she did see one galah when she entered the park!

Lizzy was furious and so she wrote a letter of complaint and demanded a refund.

The management of the park wrote back to her informing her that she had no cause of action as the sticker she received upon paying $40 to enter the park contained a clause stating The Lane Cove National Park management is not liable for any negligent actions committed by its employees. Lizzy looked at the sticker and noticed the clause for the first time. She is furious and wants to take legal action.

Answer the following questions

For each cause of action (there may be more than one):

1. Who should Lizzy bring a legal action against and for what?
2. What legal rights would she be relying on?
3. What remedy/remedies would she seek?
4. What would the defendant argue?
5. Who do you think will win and why?