Liability limits for the death of or injury to passengers on domestic Australian flights will increase on 1 October 2019.

The Civil Aviation (Carriers’ Liability) Act 1959 governs the compensation payable for injury and death of passengers and loss of or damage to baggage which occurs during commercial carriage by air within Australia. Increased limits are imposed by new Regulations which take effect on 1 October 2019.

In Parkes Shire Counsil v South West Helicopters Pty Limited the High Court held on 8 May 2019 that the right to damages, under the Warsaw and Montreal Conventions and the analogue domestic regime, sustained by reason the death of a passenger is in substitution for any civil liability of a carrier under any other law including liability under general law to relatives of passengers for negligently inflicted psychiatric harm sometimes described as nervous shock.

The High Court delivered judgment in Work Health Authority v Outback Ballooning Pty Ltd on 6 February 2019 which has serious ramifications for aircraft operators because the High Court held that operators are subject not only to the civil aviation regulatory regime, but also subject to concurrent State and Territory occupational health and safety laws.

Further to our December 2018 Newsflash on the Government’s proposals for regulation of remotely piloted aircraft systems (“RPAs”), CASA has now released a Consultation Paper on RPA operation and RPA operator accreditation. In accordance with the Government’s proposals, CASA’s Consultation Paper proposes the registration and accreditation of RPAs that meet the following criteria:

Late last year, a suite of amendments to the Australian Consumer Law (ACL) came into force, a number of which will directly affect interactions between consumers and airlines/operators. The amendments follow the publication in April 2017 of a report by Consumer Affairs Australia New Zealand (CAANZ), which proposed 19 amendments to the ACL.