My point is still that CASA won't necessarily be rational or reasonable. Whatever definition you find of aerobatic, another conflicting one can be found. Its a very, very grey area. If CASA apply the same definition of aerobatic they did for John Quadrio and accept similar sketchy evidence, then the instructor will be looking for a new career.
Disgruntled resident filming from below and labelling it as dangerously low, or proud student posting a video clip on Youtube and we've got a party starting.
Read the Quadrio thread. CASA cannot be trusted to be reasonable. I'd regard climbing to 3,000 ft as cheap insurance.