Answer using ILAC please!

Over the Christmas holidays, Tom decides to take his young son Bill (who is 10 years old) to a beach. The beach is located in the Caloundra Shire Council.

As Tom and Bill walk onto the beach, Tom sees a surf life-saving tower and a sign that says: "Safe water conditions. Please remember to swim between the flags. "

It is a hot, sunny day and Tom decides to go for a swim. Tom takes Bill down to the ocean and enters the water between the flags and in front of the surf life-saving tower. Tom holds Bill's hand and walks out about 5 metres into the water. As a large wave approaches, Tom says to Bill, "Watch this Billy, I'll show you how to not get knocked over by the waves! If you dive into the wave, it is really easy. Stay here and watch a pro!" Bill watches on as his father dives into the wave.

Unfortunately, submerged below the water, and not visible from the water surface, is a large sand bar that has caused a number of other swimmers minor injuries over the previous months. As Tom dives into the wave, his head hits the sand bar and sustains very serious neck and spinal injuries.

Tom, who is a lawyer in a top law firm in Brisbane, is hospitalized for 3 months and is unable to work for 12 months. He incurs $655,000 in medical costs and lost wages. His son, Bill, is also diagnosed with an acute stress and anxiety disorder as a result of having witnessed the incident. Bill is prescribed medication as a result.

Tom comes to you seeking advice on whether he can claim his medical costs, loss of wages and his son's medical condition under the tort of negligence. He also asks you who he should bring the claim against and whether there are any defences that could be raised against him.