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AVIATION |
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Australia sets date for Montreal Convention
commencement – 24 January 2009 |
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Readers
of our Aviation Newsletters will recall that the Australian Government has
undertaken a very long journey of introducing, as law, the Montreal
Convention 1999 (“MC 99”) concerning air carrier liability. The
Australian Government has now advised that having lodged the formal
instrument of accession with ICAO, MC 99 will become operative as part of
Australian law on 24 January 2009. Australia
was a participant in the meetings which resulted in the concluded wording of
MC 99. The Australian Government had been consulting with industry and
weighing up the advantages and disadvantages of implementing MC 99, since at
least early 2001. Many were surprised that Australia did not implement
MC 99 quickly. No one could criticise the Government for acting in
haste. MC 99
is the long awaited replacement of the much maligned, but well serving,
Warsaw Convention and its variants. MC 99 came into operation
internationally in November 2003. The
Warsaw Convention as amended will continue to operate in some circumstances,
however MC 99 will become the dominant regime for international aviation
liability claims in view of the fact that many of Australia’s main “trading
partners” in terms of international flights are also parties to MC 99. |
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If you have any questions, please contact: |
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Simon Liddy, Partner |
Philip Hunter, Partner |
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(02) 9334 8856 |
(07) 3002 6795 |
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If you do not wish to receive further e-Alerts from our
Aviation Group, please reply ‘remove’ to this email. |
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Brisbane | Melbourne | Norwest | Sydney |
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