Although Australian courts will generally respect a waiver agreement between two parties, there are some situations in which they may be unwilling to enforce the contract. For instance, a waiver cannot override the law. If the agreement conflicts with public policy, courts are unlikely to enforce it. Similarly, companies cannot use a Release of Liability to waive their obligations to provide reasonable care. Failure to use the appropriate degree of care often results in gross negligence, which courts consider a civil wrong. Other factors that might influence a court's decision to enforce a waiver include:
Ambiguous language
The releasor's lack of capacity to understand the contract completely
If it appears one party was coerced or taken advantage of by the other
In these situations, a releasor may still be able to sue despite signing a Release of Liability.