I reckon your arguments are entirely reasonable, Glen. Trouble is, CASA doesn't agree and doesn't care what you or I reckon.
The only person whose opinion counts is that of a judge. Unfortunately, as you and many others have found out, first-hand, the costs and risks of taking on a scare-mongering 'safety authority' are prohibitive. The practical 'standard' is whatever someone in CASA wakes up each day and decides it is.