Unfortunately Frank, CASA have agreed with you, and, made it of strict liability.
Doesn't matter how "legal" you are, if you run out (After 4 missed approaches) its your @r$3 in the drink.
Kinda made me rethink how many flights we do that are on min fuel (over half) But, i don't like the idea of telling the customer that we are going to have to fly longer legs to allow a fuel stop or explain to the CP why we lost most of our work to a competitor who is happy to run on min fuel.
I did a flight last Friday and had a 7min margin, wasnt even 20NM into the flight 420NM when a new ARFOR AND TAF were released now with holding requirements for both the destination and suitable alternate. So what to do? ive already departed with valid WX not requiring it, if i return for fuel ill have to kick out a passenger, if i divert en-route it would be a $500 loose to the company as I hadn't quoted a fuel stop and I wouldn't like to see the bosses face if I had said " I'm perfectly legal to continue but thought best to spend $500 of the company money on obtaining more fuel". Not my words but how it would have been taken.
Obviously I continued and it was CAVOK all day, as it will be 99.999% of the time, last night is a nice reminder that when the 0.001% does happen which it will, that I better make every decision exactly right because someone will work for weeks if not months to figure out if I could have done anything better and in the case of last night conclude that, you should have carried more fuel even though you weren't required. Also nice to know that everybody else will run and hide behind lawyers quick smart.
Ps sorry about the mistakes/grammar etc. back space isn't working on my computer