Genius? Far from it.
The prospects of success of a challenge to the validity of the determination by CASA of the CAD test for the purposes of CASR 67.150(6)(c) are not certain, and CASA will still want to turn it into an argument about how scary dangerous CVD pilots are.
In essense (and there are deeper complexities) the applicants would have show that the determination of the CAD test is so unreasonable that no reasonable person would determine it. Still, given that the CAD test doesn't simulate operational sh*t, it's not impossible.