A grassed reserve within a road boundary that is maintained but not developed for the purpose of pedestrian passage is 'roadside' not 'pathway' under the Road Management Act 2004 (Vic), and s 107 excludes road authority liability in respect of it. However, s 107 does not exclude the common law duty of care owed by a council as infrastructure manager in respect of non-road infrastructure such as stormwater pits located on the roadside. A court assessing breach of duty under s 48 of the Wrongs Act 1958 (Vic) is not required to make a separate, formulaic finding on each element of the Shirt calculus, provided the judgment as a whole sufficiently addresses the probability and magnitude of the risk. Expert evidence is not required to establish the practicability of simple, common-sense precautions such as raising ground levels around a protruding pit.
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