The Blackburn Valley Baseball Club (BVBC) is an unincorporated association set up for its members to participate and compete in the Greater Melbourne Baseball competition. It has a baseball field in Blackburn where its four teams (junior under-16 boys, junior under-16 girls, open men and open women) play its home games. The committee of the Club (made up of 10 members) decides to resurface the grass outfield of the baseball field. Diana, a senior member of the club, was appointed

the committee to oversee and ensure the quality of the work. BVBC (in its own name) signs a contract with Grass Surfacing Ltd (GS) to resurface the outfield of the baseball field. On the first night of competition, one of the members of the BVBC, Shane, is running to catch the ball, when his foot gets caught in a ditch and he breaks his ankle. The presence of the ditch was due to the poor laying of the grass by GS. The committee was unaware that the resurfaced grass was laid poorly, as GS had assured BVBC of its readiness for play. Shane must spend a week in hospital and cannot work for that week. He wants to know who he can sue to recover his medical expenses and lost income. Advise Shane. Please use relevant case law to support your answer. Word count: Maximum 250 words

Problem-based scenario 2 Helen is a member of the Paynesville Classic Lawn Tennis Club (PCTC), an incorporated association where members enjoy a common interest in playing tennis using classic racquets and balls from yesteryear with an appreciation of the history of the sport and its apparel. The club has its own four private lawn tennis courts with attached leisure and recreational facilities, including a gymnasium, spa, and classic lawn tennis bar. The PCTC also runs a disabled lawn tennis social competition with wheelchair access. Unfortunately, the PCTC has only four specially fitted tennis wheelchairs for hire to its membership, which are specially built to limit

damage to the lawn surface of the courts. The special chairs are stored on site. Due to its membership numbers, the PCTC has limited wheelchair tennis to two courts on Wednesday and Sunday nights, making two courts out of the four unavailable at those times, and rotating the use of the courts on those nights. The club does this to protect the lawn tennis surface from wheelchair damage. Helen, who has suffered from paraplegia since she was a teenager, loves the history of tennis and has been a member of the club for several years, but has not been able to play tennis as often as she would like, as the special wheelchairs are often unavailable at the set times. Helens family decide to buy her and her closest tennis friend specially fitted tennis wheelchairs (worth over $6500), so that they need not rely on the clubs equipment. Helen writes a letter to the PCBC requesting a permit to store her wheelchair at the club, so she need not carry the wheelchair back and forth by car. She also writes that she cannot play on Sunday nights due to family commitments, so she was requesting that the club open for other weeknights, too. The club had received several applications for storage of personal wheelchairs, however given the limited storage space, has had to consider each application individually. The club, during one of its disciplinary hearings (which only included three out of five of the management committee the constitution required that the management decisions be made by a full sitting of the management committee) discussed the wheelchair storage applications and scheduling more wheelchair tennis nights for its members. Ultimately, it decided to provide wheelchair storage to four other members, not including Helen, but schedules an extra wheelchair tennis night on Monday. Helen is very unhappy with this outcome. Advise Helen. Please use relevant case law to support your answer. Word count: Maximum 500 words