Aviation Bulletin – January 2020

29 January 2020

Welcome to the latest edition of the HWL Ebsworth Aviation Bulletin.

We are delighted to bring you content addressing a range of current and emerging issues, trends and cases across the domestic and international aviation industries.

We trust you will find this edition of our Aviation Bulletin helpful and informative. Should you wish to discuss any of these articles in any more detail, please contact any of our partners.

New Liability Limit Increases Under Montreal Convention 1999

The new liability limits under the Montreal Convention 1999 apply in Australia as of 28 December 2019.

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Court closes the (overhead locker) door on liability claim

The District Court of New South Wales recently determined that an overhead locker door landing on the plaintiff’s thumb as it opened downwards did not constitute an ‘accident’ for the purposes of the Civil Aviation (Carriers Liability) Act 1959 (Cth). The decision illustrates that a passenger’s own reaction to the usual, normal and expected operation of an aircraft or its parts does not constitute an accident.

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Supreme Court of Western Australia requires lower Court to Consider Application of the Montreal Convention 1999 (MC99)

In a very recent decision of the Supreme Court of Western Australia, the Court has ordered a Magistrate’s Court to deal with a claim against an airline in such a way that acknowledges the case involves Australian federal law, namely the legislation which makes MC99 part of the law of Australia.

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