On 10 April 2024 the Federal Court of Australia issued two judgments with the effect of dismissing the claims made against two of the three Respondents – namely Qatar Airways and the Qatar Civil Aviation Authority (QCAA).

The Federal Court has published a judgment considering the interpretation of the sanctions imposed by Australia on Russia following the invasion of Ukraine.

A Competition Review commissioned by the Australian Government has proposed significant changes, in part bringing Australia in line with international practice to take effect from 1 January 2026.

Whilst we await further details from the Treasury, with exposure draft legislation expected in the second-half of 2024, significant changes are clearly on the horizon.

Public companies are required to abide by the continuous disclosure obligations contained in Chapter 6CA of the Corporations Act 2001 (Cth) together with Chapter 3 of the ASX Listing Rules for ASX listed public entities.

The High Court has recently provided clarity around international arbitration clauses in international shipping contracts, upholding the parties’ rights to agree to international arbitration despite Article 3(8) of the Australian Hague Rules.

In its judgement in Herculito Maritime Ltd and others v Gunvor International BV and others [2024] UKSC 2 (also known as “The Polar”) handed down on 17 January 2024, the UK Supreme Court determined that shipowners were able to recover from the respective cargo interests a general average adjustment of US$5,914,560 in respect of a ransom payment to pirates, despite the fact that a Kidnap and Ransom insurance was taken out by the shipowner and the premium in respect of that insurance was paid by the charterer.

The Australian Government has announced a package of reforms aimed to address Aircraft slot restraints, and capacity and demand issues at Sydney Airport.

The Full Federal Court of Australia has recently considered which cargo liability regime would apply in circumstances where the terms of a booking note, a sea waybill and various ‘recapitulation’ emails all contained different terms regarding liability.

The Norton White ‘Future of Aviation Series’ tracks developments in the world of Aviation and Aerospace, bringing updates and insights into what can be expected in the future of the industry.

The High Court of Australia has held that Australia’s consumer protection laws, which prohibit unfair contract terms, apply to contracts made overseas between non-Australians and overseas corporations provided the corporation carries on business in Australia.

The South Australian Employment Tribunal has recently considered issues relating to payment of overtime and rostering under the Air Pilots Award including whether overtime was payable where pilots are rostered to perform more than 38 hours of duty per week including standby duties.

Specialist transport and aviation law firm Norton White has announced the appointment of a new international commercial, regulatory and dispute specialist Alison McKenzie as a partner.

Is your Business Ready for the Employment Law Changes?

The Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022 received royal assent on 6 December 2022 and a number of changes will come into force this year. Below is a summary of the key changes relevant to drafting employment contracts:

The Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022 was introduced in Parliament late last week.

The key changes proposed by the new legislation are…

Companies Take Note: 12 months to Review your Contract Terms Before Unfair Contract Term Penalties Apply, ACL Maximum Penalties Increased to $50m

On the 27th October 2022 the Government introduced the Fair Work Legislation Amendment (Secure Jobs, Better Pay) 2022 Bill which proposes significant changes to enterprise bargaining.

If the legislation passes through Parliament it will have a significant effect on employer/employee relationships in Australia.

Norton White has reinforced the firm’s position as a leader in aviation and transport law with the appointment of Middle East aviation specialist Nick Humphrey to the partnership.

Mr Humphrey will work closely with the firm’s Oceania teams and lead Norton White’s aviation, transport and trade practice in the Middle East, Africa and Central Asia. Norton White also announced the appointment of Middle East based Mr Rhyley Griffith, as a Senior Associate who will support to growth of the aviation practice across the region. The firm will make an announcement regarding the opening of a Middle East office shortly.

The District Court of New South Wales has today held that the Civil Liability Act 2002 (NSW) applies to the assessment of damages under the Montreal Convention 1999.

The issue of training bond agreements is becoming increasingly important in the aviation industry due to pilot and engineer shortages which are causing employees to seek out new employment prior to the expiration of the terms of their training bonds.

This update sets out the key requirements for training bond agreements and the steps that can be taken if an employee resigns without repaying the bond amount.