Publications
HOPE IN SIGHT FOR SEAFARERS
Temporary arrangements put in place for seafarers onboard vessels in response to COVID-19 will expire on 28 February, hopefully bringing relief to many of those stranded at sea. By Alexis Cahalan, featured in the DCN
LIVESTOCK VESSEL TRAGEDY - TWO AUSTRALIANS LOST IN THE GULF LIVESTOCK 1
Two Australians lost in the Gulf Livestock 1 tragedy were playing important animal welfare roles, writes Alexis Cahalan…
WHEN THE CRUISE OF A LIFETIME DOESN’T GO TO PLAN - RUBY PRINCESS
Alexis Cahalan provides an insight as to how previous cases may give guide to how the Ruby Princess class action is likely to progress….
NSWCA AFFIRMS DECISION OF THE DISTRICT COURT THAT INJURY CAUSED BY OVERHEAD LOCKER NOT AN ARTICLE 17 ACCIDENT
The New South Wales Court of Appeal has dismissed an appeal by a passenger who was injured when an overhead compartment landed on her thumb during a flight from Dubai to Sydney.
WORKPLACE FATALITIES - THE EMPLOYER'S ROLE IN REDUCING INCIDENTS
According to Safe Work Australia, as at 2 July 2020, of the 91 Australians killed at work so far this year, 28 died in transport, postal and warehousing workplaces. There were 35 such deaths in 2019. No other industry, not even mining or construction, had as many fatalities as the transport, postal and warehousing industry. Whilst that is reflective of the heavy machinery and goods carried, it is a record of concern.
SWASHPLATE PTY LTD V LIBERTY MUTUAL INSURANCE COMPANY TRADING AS LIBERTY INTERNATIONAL UNDERWRITERS [2020] FCAFC 137
On 13 August 2020, the Full Federal Court of Australia handed down a decision which addressed the conflict between the terms of a voyage policy and the insertion of a date for commencement in the placement slip. The decision was that of Swashplate Pty Ltd v Liberty Mutual Insurance Company t/as Liberty International Underwriters which was on appeal from the decision of the Chief Justice of the Federal Court. The appeal was heard by Besanko, McKerracher and Colvin JJ….
RUBY PRINCESS CLASS ACTION ANALYSED
A CLASS action was recently commenced in the Federal Court of Australia on 23 July 2020 against Carnival Plc and Princess Cruise Lines Ltd, arising out of the outbreak of coronavirus on board the Ruby Princess.
SHIPPING & TRANSPORT NEWSFLASH 14 JULY 2020
Updates on the developments affecting the logistics industry in Australia - 14 July 2020
CONTROLLING AUSTRALIA'S LIVE ANIMAL EXPORT MARKET
THE LIVE ANIMAL EXPORT MARKET is a significant contributor to Australia’s export economy. It also has been the subject of controversy because of the treatment of animals. In 2011, its ongoing viability was called into question as the result of an ABC Four Corners expose of the mistreatment of live cattle exported to Indonesia. At the time, Indonesia was Australia’s largest market for cattle exports, comprising about 80% of the market, translating to around $1bn annually and supporting around 10,000 jobs. …
SHIPPING & TRANSPORT NEWSFLASH 7 JULY 2020
We are pleased to provide you with our update on developments affecting the shipping and transport industries in Australia.
THE ROLE OF INSURANCE WHERE BUSINESSES HAVE BEEN AFFECTED BY A SERIES OF UNFORTUNATE EVENTS
In recent times Australia has sadly borne the brunt of a number of extraordinary, naturally occurring events - bushfires, flood and the arrival of the coronavirus (COVID-19)…
MAY V COMMONWEALTH OF AUSTRALIA AND HELICOPTER RESOURCES PTY LTD (NO 2) [2019] ACTMC 31
May v Commonwealth of Australia and Helicopter Resources Pty Ltd (No 2) [2019] ACTMC 31
MINING, AGRICULTURE AND CONSTRUCTION EQUIPMENT PROTOCOL: MORE MOVABLE ASSETS FALLING WITHIN THE CAPE TOWN REGIME
Mining, Agriculture and Construction Equipment Protocol: More Movable Assets Falling Within the Cape Town Regime
NORTON WHITE FURTHER EXPANDS ITS TRANSPORT LAW EXPERTISE
Norton White further expands its Transport Law expertise - New Partner Appointments
SYDNEY: Leading transport law firm Norton White has announced the expansion of the firm with the appointment of Alexis Cahalan and Danella Wilmshurst as Partners and Janine Liang as a Senior Associate.
FIRST QUEENSLAND INDUSTRIAL MANSLAUGHTER CASE UNDERWAY AS SIMILAR LEGISLATION INTRODUCED IN VICTORIA
First Queensland industrial manslaughter case underway as similar legislation introduced in Victoria
The first prosecution for industrial manslaughter in Queensland commences today with the first mention being heard at the Holland Park Magistrates Court.
NORTON WHITE EXPANDS WITH M&A EXPERT APPOINTMENT
SYDNEY: Leading transport and aviation law firm Norton White has announced the appointment of Adam Martin, formerly Chief Legal Officer of Toll Group, to lead the firm’s Mergers and Acquisitions practice and to contribute to future strategic direction.
INCREASED PASSENGER LIABILITY LIMITS COMMENCE 1 OCTOBER 2019
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.
HIGH COURT OF AUSTRALIA AFFIRMS EXCLUSIVITY UNDER THE MONTREAL CONVENTION
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.
TWO REGULATORY REGIMES FOR CIVIL AVIATION OPERATORS: HIGH COURT FINDS THAT WORKPLACE HEALTH AND SAFETY LAWS APPLY TO REGULATE THE SAFETY OF CIVIL AVIATION 7 FEBRUARY 2019
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.