Merely having a waiver for your business is not enough. Here’s why!
February 19, 2026
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Waivers are vital for businesses seeking to reduce their risk of liability, particularly those providing high-risk related activities and services. However, merely having a waiver is not enough. It is also of importance to consider how the waiver is to be incorporated into your contractual arrangement with the participant.
What is a waiver?
A waiver is a legal instrument evidencing a persons act of intentionally relinquishing or abandoning a known right or claim. Waivers are commonly utilised by businesses to obtain agreement from a participant to ‘waive’ the participant’s right to make a claim against the business if they suffer any damage or injury arising from their participation in activities or services provided by the business. If properly drafted and accepted, a waiver will allow a business to potentially avoid liability if a participant suffers damage or injury in connection with the business’ activities.
Importance of implementation
The recent case of Marks v Skydive Holdings Pty Ltd
[2021] VSC 21 in the Victorian Supreme Court emphasises the importance of implementing waivers in a manner that ensures participants are able to access and accept the waiver prior to entering into a contractual arrangement with the business. Businesses cannot merely rely on the existence of a waiver (even if signed by the participant) to automatically entitle it to protection from liability.
In this case, Ms Marks sued Skydive Holdings Pty Ltd (‘Skydive’) after sustaining serious injuries arising from a heavy landing. One of the issues considered by the Court in determining the cause of Ms Mark’s injuries (and whether Skydive had any liability), was whether the waiver signed by Ms Marks provided Skydive with a complete bar to any liability.
Prior to Ms Mark’s participating in the activity, Skydive provided Ms Marks with, and she signed, a waiver indemnifying Skydive from loss or damage suffered in connection with the skydiving activity. However, the Court held that the waiver could not be relied upon as a complete bar to any liability because it did not form part of the contractual arrangement entered into with Skydive at the time Ms Marks booked and paid for the activity.
The waiver was provided to Ms Marks at its place of business on the day of her skydive. It was not provided to Ms Mark’s at the time she booked and paid for the activity online, nor was it mentioned in the booking confirmation or the terms and conditions signed by Ms Marks.
Had the waiver been provided to Ms Marks during the course of the booking process, perhaps the outcome may have been different.
Jumping with caution
This case provides a timely reminder of the importance of implementing waivers in a manner that ensures participants are able to access and accept the waiver prior to entering into a contractual arrangement with the business, particularly those providing high-risk related activities and services. Merely having a waiver for your business is not enough.
By Danielle Edwards (Associate)
If you would like further information in relation to how the above matters may affect your business or assistance with preparing and implementing a waiver and or terms and conditions for your business, please contact us on (08) 9321 5451 or by email at office@bailiwicklegal.com.au.
For further information about our legal services, please visit our website: https://www.bailiwicklegal.com.au/
The above information is a summary and overview of the matters discussed. This publication does not constitute legal advice and you should seek legal or other professional advice before acting or relying on any of the content.
Bailiwick Legal has been honoured to support Forever Wild over the past few years as they delivered one of the most significant conservation land acquisition programs undertaken in Western Australia. Our team assisted Forever Wild with the strategic purchase of four pastoral stations, Narndee , Boodanoo , Meeline and Challa , transactions that now connect three State Reserves and protect more than 12,000 square kilometres of land. To put that scale into perspective, the combined area is approximately five times the size of the ACT and nearly one-fifth the size of Tasmania . Navigating complexity at scale These were not straightforward property transactions. Each acquisition involved: Multiple pastoral leases Layered regulatory and approval pathways Significant operational and on-ground assets Numerous stakeholders across government, industry and land management Our role was to guide Forever Wild through this complexity with clarity, precision and confidence, ensuring each transaction progressed efficiently while managing risk and safeguarding long-term objectives. “ Forever Wild is creating a world-leading model for nature funding that demonstrates we can manage viable, working pastoral stations whilst also restoring and protecting local ecological flora and fauna, and engaging and supporting Indigenous people and local communities. Complex & challenging, but this initiative could literally change the world .” Jessica Brunner - Director, Bailiwick Legal A growing and evolving legal landscape Large-scale conservation acquisitions sit within an emerging and increasingly complex legal field , intersecting land tenure, pastoral regulation, environmental frameworks and commercial considerations. These matters demand a deep understanding of both the legal mechanics and the practical realities of operating in regional and remote Australia. Our team’s experience in agribusiness, pastoral land transactions and regulatory approvals allowed us to support Forever Wild at every stage, from strategic structuring through to completion. Proud to support leadership in nature finance Forever Wild is widely recognised as an industry leader and a steadfast advocate for nature finance initiatives , helping pave the way for greater accessibility and innovation in conservation funding and land stewardship. We are proud to have contributed our relationships, expertise and practical legal insight to help Forever Wild achieve its vision, and to have played a role, however small, in shaping a groundbreaking future for conservation in Australia. At Bailiwick Legal, we value the opportunity to work alongside organisations that are thinking long-term, acting boldly, and creating outcomes that extend well beyond the transaction itself. For assistance with all of your agribusiness needs, contact Bailiwick Legal on 08 9321 5451 or email office@bailiwicklegal.com.au For further information about our legal services, please visit our website: https://www.bailiwicklegal.com.au The above information is a summary and overview of the matters discussed. This publication does not constitute legal advice and you should seek legal or other professional advice before acting or relying on any of the content.
Bailiwick Legal Advises on Landmark Acquisition of Rawlinna Station by Consolidated Pastoral Company
Bailiwick Legal is proud to have acted for Consolidated Pastoral Company (CPC) in its successful acquisition of Rawlinna Station , Australia’s largest sheep station, located on the remote Nullarbor Plain in Western Australia. Spanning over 1 million hectares and running approximately 30,000 sheep , Rawlinna is an iconic pastoral asset with a rich legacy, having been held by the MacLachlan family’s Jumbuck Pastoral Company since its establishment in 1962. The sale marks the first change of ownership in over six decades and was finalised following formal approval from the Western Australian Government for the transfer of the pastoral leases. This transaction involved navigating: The transfer of three separate pastoral leases Coordination across multiple vendor entities Consideration of livestock and operating assets Fulfilment of regulatory and compliance requirements, including WA lease approval processes Bailiwick Legal is a boutique agricultural and regional law firm , proudly based in Perth and Bridgetown, Western Australia. Our role in this acquisition demonstrates that deep sector knowledge, local insight, and personalised legal support are crucial for agribusiness clients managing complex, high-value transactions. Our team, led by our regionally-based solicitor, Matilda Lloyd, provided end-to-end legal and strategic support, including: Due diligence on land tenure and operating assets Contract negotiation and preparation Advice on regulatory approvals and compliance Strategic coordination with CPC’s internal and external stakeholders to ensure a smooth and timely settlement We are honoured to have supported CPC in this milestone acquisition and look forward to watching Rawlinna’s next chapter unfolds. At Bailiwick Legal, we believe that regional expertise, deep industry knowledge, and relationship-based service remain essential to agribusiness success, no matter the scale. Congratulations to all parties involved, including the MacLachlan family, whose stewardship of Rawlinna leaves a lasting legacy in Australian agriculture. – The Bailiwick Legal Team Working alongside agribusinesses to grow, transition, and thrive . For assistance with all of your agribusiness needs, contact Bailiwick Legal on 08 9321 5451 or email office@bailiwicklegal.com.au By Matilda Lloyd (Associate) For further information about our legal services, please visit our website: https://www.bailiwicklegal.com.au The above information is a summary and overview of the matters discussed. This publication does not constitute legal advice and you should seek legal or other professional advice before acting or relying on any of the content.
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