Aviation e'Newsletter
Thursday, 10 November 2011
Welcome to the November 2011 edition of HWL Ebsworth's Aviation e'Newsletter.
Please contact our experts below for further information on any of the topics covered.
We invite you to attend our Aviation Industry Update on 23 November. Please view the invitation here.
To view the entire e'Newsletter in a printable format please click here.
Commonwealth Laws invalidate State OH&S Laws whilst “In Flight”
Aircraft operators and airlines will be relieved that the Full Federal Court recently found in Heli-Aust v Cahill [2011] FCAFC 62 that there is no right to prosecute for breaches of the state work safe legislation arising from civil aviation incidents in flight, as the state legislation is in direct conflict with the Commonwealth legislation for the regulation of the safety of civil aviation in flight in Australia.
Click here to read the article.
Passengers Behaving Badly
Once exclusive to the well-to-do and high flyers, air travel over the last decade has become more accessible than ever before, opening up a whole new world of travel to the wider public.
Click here to read the article.
Case Note: Aircraft Technicians of Australia Pty Ltd v St Clair; St Clair v Timtalla Pty Ltd [2011] QCA 188
The case concerned the hire of a Robinson R22 Helicopter by Mr St Clair in January 1994 for the aerial mustering of cattle. On 21 June 1994, the helicopter crashed due to the failure of the upper actuator bearing (the bearing). It was discovered that the manufacturer’s bearing had been removed and replaced with an incorrect bearing causing the failure.
Click here to read the article.
Rotor Heads: CASA Investigates Reality TV Star
The realty TV show “Keeping Up with the Joneses” and its star – Northern Territory cattle, pub and charter flight mogul Milton Jones – is being examined by the Civil Aviation Safety Authority (CASA) over alleged aviation safety breaches while piloting his helicopters.
Click here to read the article.
Limited Rights for Third Parties under Contracts of Insurance
A third party beneficiary to a contract of insurance has a statutory right to insurance cover pursuant to section 48 of the Insurance Contracts Act1984 (Cth) (the ICA), and such an arrangement can avoid double insurance claims. However, section 48 of the ICA does not deem a third party beneficiary to be a party to an insurance contract thus attracting the rights conferred on a party. As such, third parties have more limited rights under an insurance contract.
Click here to read the article.
Insight Vacations v Young – liability for injury in recreational activities
This article considers the key points to take away from the recent High Court of Australia and New South Wales Court of Appeal judgments in Insight Vacations v Young ([2011] HCA 16 and [2010] NSWCA 137). The decisions usefully consider the operation of the recreational activities and non economic loss provision of the Civil Liability Act 2002 (NSW) (“CL Act”) and their interplay with the Trade Practices Act 1974 (Cth) (“TP Act”) (now known as the Competition and Consumer Act 2010 (Cth)).
Click here to read the article.
News In Brief
i) New Federal Act to promote resolution of disputes prior to filing of proceedings
Under the recently adopted Civil Dispute Resolution Act 2011 (Cth) (“the Federal Act”) that commenced on 1 August 2011, litigants and their lawyers in the Federal Court and the Federal Magistrates Court will have to comply with three new obligations/duties.
ii) Proposed amendments to Aviation Transport Security Act 2004 (the ATSA)
The Australian Government, with the Aviation Transport Security Amendment (Air Cargo) Bill 2011, is proposing to amend the definition of Aviation Industry Participant (“AIP”) to include accredited air cargo agents (“AACA”) in order to ensure that they also report security incidents following a string of recent issues having arisen with regards to said security.
iii) Proposed amendments to the Air Navigation Act 1920
Senator Nick Xenophon has put forward the Air Navigation and Civil Aviation Amendment (Aircraft Crew) Bill 2011 to protect the workplace conditions of foreign or overseas based flight or cabin crew who are working on Australian owned airlines or their subsidiaries.
Click here to read the article.
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