June 2011 e'Newsletter
Thursday, 23 June 2011
Welcome to the June 2011 edition of HWL Ebsworth's Aviation e'Newsletter.
We trust that you find the information in this edition useful, timely and practical.
Please contact our experts below for further information on any of the topics covered.
To view the entire e'Newsletter in a printable format please click here.
1. Excuse Me, I have the Window Seat - No Accident
The County Court of Victoria did not find that a passenger’s injuries suffered whilst stepping over a seat armrest to enter a row of seats to access his allocated window seat, were caused by an “accident”. This is another useful decision where the County Court reviewed the international authorities on passenger accidents to find in favour of the airline, although the plaintiff has now filed an Appeal in the Victorian Court of Appeal.
Click here to read article.
2. Court of Appeal Confirms “Election Requirements” under an Insurance Policy
Following on from the decision reached by the Queensland Supreme Court in Cape York Airlines (2010) QSC 313 (as reported in our Newsletter of September 2010), the Queensland Court of Appeal allowed the first instance decision to stand and reiterated the requirements necessary for “a valid election” to be made by an insurer under a policy.
Click here to read article.
3. The PPSA and Equipment Lessors
The Personal Property Securities Act 2009 (Cth) (PPSA) is a fundamental change to the law relating to the creation, registration and enforcement of securities over personal property in Australia. The reforms create a single national system for the registration of security interests in personal property (not land, buildings or fixtures) and are one of the most significant pieces of legislative reform for the Australian commercial sector for many years.
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4. Loud and Clear: Ombudsman Appointment Gives Aircraft Noise More Focus
In a globalised world, the modern airport has become a key infrastructural hub in city regions. In Australia, many airports have developed into airport cities positioned at the heart of the wider ‘aerotropolis’ region. With world air traffic expected to grow considerably in the future, the impact of aviation is being analysed more and more on ecological and resource-based grounds, and particularly in relation to the quality of life of affected local communities. In the context of these developments and the continuing skew in public debate towards noise as the dominant airport planning concern, the Australian Federal Government has created a new role and appointed an independent Aircraft Noise Ombudsman (ANO) in September 2010.
Click here to read article.
5. Productivity Commission Review on Economic Regulation of Airport Services
In January 2011, the Australian Government Productivity Commission released an issues paper on a planned review of Economic Regulation of Airport Services. The paper was in response to the 2008-2009 Airport Monitoring Report published by the Australian Competition and Consumer Commission (ACCC), which expressed concerns about potential increased profit making at the expense of service quality and monopoly pricing for airport car parking.
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6. Measures for Aviation Security: Better Late than Never
Whilst terrorist threats come to one’s mind when reflecting upon aviation security risks, incidents such as the biker brawl at Sydney airport in 2009 illustrate there are broader issues at stake. Security on board aircrafts and in airports remain an important and legitimate concern for the aviation industry.
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7. Aircraft Leasing into Australia: Taxation Considerations
This article provides an overview of the range of taxation issues which will be relevant for a non resident lessor of aircraft, leasing to an Australian airline directly from offshore. Where the lease is an operating lease rather than a finance lease, the conclusion is that Australia is by no means a difficult taxing jurisdiction in this regard, depending upon the jurisdiction of the lessor.
Click here to read article.
8. News In Brief: Enhanced Aviation Safety
Inquiry into fuel tank explosions and fatigue cracking; Proposed amendments to Transport Safety Investigations Regulations 2003; Proposed changes to cabim crew ratios; Failure to comply with passenger request may constitute an "accident".
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