In our newsflash Air Pilots Award 2020 Payment Rates for Overtime and Standby Considered on 14 November 2023, we reported that the South Australian Employment Court had held that:

On 18 October 2024, the International Civil Aviation Organisation (ICAO) announced that the limits of liability under the Montreal Convention 1999 (the Convention) will be increasing. The announcement comes as part of the Convention’s five-year review mechanism under Article 24, which was designed to ensure that passenger compensation remains relevant over time.  

Will a yacht insurer’s limitation claim in England stifle a shipowner’s dreams of a sunny vacation (and claim) in Greece(‘s Courts)? Find out in our case note for Zurich Insurance Company Limited (trading as Navigators and General) & Ors v Halcyon Yacht Charter LLP & Ors [2024] EWHC 937.

The Federal Court has ruled that a Fee Error Term in standard form contracts will be considered an unfair contract term if it allows companies to retain fees wrongly charged to a customer without the customer’s knowledge and limits the time within which the customer can dispute the fee.

On 12 December 2023, Justice Rothman of the New South Wales Supreme Court issued a judgment which held Part 2 of the Civil Liability Act 2002 (NSW) (CLA) applied to the determination of the quantum of damages recoverable by the Plaintiffs, who alleged they were injured during turbulence on board an Air Canada flight.

On 21 June 2024, the New South Wales Court of Appeal delivered a judgment in which it held that rule 105C(1)(a) of Air Canada’s International Tariff General Rules (Tariff) did not have the effect of waiving Air Canada’s right to invoke a defence under Article 21(1) of the Montreal Convention in order to limit its liability by proving that the damage is not due to negligence or other wrongful act or omission of Air Canda or its servants or agents.

The United Kingdom Court of Appeal has upheld a finding that no binding salvage contract was concluded for refloating surfaces after the Ever Given was salvaged in the Suez Canal, meaning the entity which performed the salvage was entitled to salvage under the International Convention on Salvage 1989 or the common law.

On Friday 24 May 2024, the New South Wales Court of Appeal delivered a judgment in Western Freight Management Pty Ltd v Toll Transport Pty Ltd [2024] NSWCA 124 unanimously dismissing the appeal with costs in favour of Toll Transport Pty Ltd.

The Fair Work Legislation Amendment (Closing Loopholes) Act 2023 and the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 have already sparked significant changes in workplace laws since December 2023, with more changes to commence in July and August 2024. Employers should carefully review the new requirements to ensure their businesses comply.

In a judgement delivered on 8 May 2024, the Full Bench of the High Court unanimously affirmed the decision of the Court of Appeal of the Supreme Court of New South Wales and dismissed an appeal by Cessnock City Council concerning the recovery of $6,154,459.40 in damages in the form of ‘reliance losses’ or wasted expenditure arising from breach by Council of an agreement for lease at Cessnock Airport.

A trade-in deal for a luxury yacht goes disastrously wrong. Will the Court allow the owner to bring proceedings to recover the yacht?

The United States Federal Trade Commission (FTC) has voted to adopt a ruling providing for a near-blanket ban on non-compete clauses in employment contracts, with the final rule coming into effect from September 4th, 2024.

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.