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.
Review of aviation & safety regulation of remotely piloted aircraft systems May 2018 CASA paper
Remotely Piloted Aircraft (AKA drones) are an ever increasing presence in our sky. On this background, we consider CASA’s recently published review of drone safety regulation and discuss the key development areas for ensuring drones are safely and effectively integrated into the wider Australian aviation system. Please click here to read more.
Weatherill v Bartett [2017] NSWCA 175 – Damages under Australian Consumer Law not established
In this article we consider circumstances in which a cause of action under the Australian Consumer Law based on misleading representations will be made out. This New South Wales Court of Appeal case concerned a misleading estimate for the purchase of a private aircraft and its transport to Australia. The case demonstrates that even if there is a contravention of the Australian Consumer Law for misleading and deceptive conduct, damages will only be awarded if it can be shown that the claimant has suffered actual loss as a result of the conduct. Please click here to read more.
South West Helicopters Pty Ltd v Stephenson [2017] NSWCA 312– The right of non-passengers to bring a nervous shock claim against a carrier is off to the High Court for determination
This recent decision in the NSW Court of Appeal found that claims of non-passengers for nervous shock in respect of the death of a passenger are excluded against an air carrier by operation of s35(2) of the Civil Aviation (Carrier’s Liability) Act 1959 (Cth). The Court also clarified the definition of ‘passenger’ pursuant to the Act. However the High Court will have the final say on non-passengers rights against air carriers later this year. Please click here to read more.
Hevilift Limited v Towers [2018] QCA 89 – “Don’t Push it, Land it” – Employer liable to pilot for a failure to warn of a weather phenomenon
In this article we report on the Queensland Court of Appeal decision wherein an employer was held liable for not providing a specific warning to its pilot to take averting action following the rapid development of an adverse weather phenomenon that caused the helicopter to crash and the death of three passengers. The article also contains the response of CASA and the ATSB directing helicopter pilots to make use of the aircraft’s ability to ‘land almost anywhere’ to avoid the risk presented by deteriorating weather. Please click here to read more.
Wahba v Carroll & O’Dea Lawyers [2018] NSWDC 128 – The damages regime in airline cases – Federal or State?
We cover the decision in Wahba and consider the case’s ramifications for the application of State and Federal damages regimes in airline cases. Please click here to read more.
Third country carriers and compensation under EC261
In this article, we consider a recent decision from the UK Supreme Court in relation to EU Regulation (EC) No 261/2004 where leave to appeal in Gahan -v- Emirates and Buckley and Ors -v- Emirates was refused. The decision has significant ramifications for non-EU carriers who may now be required to provide additional compensation to delayed EU passengers. Please click here to read more.