Wells Fargo Trust Company , National Association (as owner trustee) v VB Leaseco Pty Ltd (administrators appointed) [2022] HCA 8

One of the consequences of Virgin Australia going into Administration in 2020 was the return of aircraft and engines to lessors. In this case the High Court unanimously dismissed an appeal from a decision of the Full Federal Court concerning the construction of the obligation to “give possession” under the Convention on International Interests in Mobile Equipment (Convention) and the Protocol on Matters Specific to Aircraft Equipment (Protocol). The decision sets out the procedure to followed in relation to enforcement of rights under the Convention and Protocol in insolvency proceedings in Australia

Throughout the past 130 years, Australia’s maritime legal history paints a vibrant picture of the transformation of an economy from an island colony tied to British imperial norms to a dynamic and independent trading nation carving its own legal narrative. Alexis Cahalan looks at some of the cases and legislation that have shaped the development of Australia’s maritime legal identity

Hanger to Hanger Event 2022

The Supreme Court of New South Wales has in a judgment delivered at 4pm today dismissed a group of applications seeking to challenge the decision of the Health Minister, Bradley Hazzard, to mandate COVID-19 vaccinations for health care and aged care workers.

In another interlocutory judgment arising from the Ruby Princess, on 10 September 2021, Justice Stewart of the Federal Court of Australia refused Carnival plc’s application to stay proceedings against US and UK overseas passengers seeking to participate in the Australian class action. The class action was brought by the passengers of Ruby Princess cruise ship who contracted COVID-19 and the executors of the deceased passengers together with the close family members of the passengers) alleging negligence and breaches of the Australian Consumer Law by Carnival plc, the time charterer of the vessel, and Princess Cruise Lines Ltd, the operator of the vessel (‘Respondents’).

On 3 0 September 2021 the Transport Safety Investigation Regulations 2021 (TSI) came into effect and introduced a reportable regime for certain types of remotely piloted aircraft (RPA)….

A recent decision from the Singapore International Commercial Court provides an important reminder of the practical issues that can arise in aircraft sales.

The Fair Work Commission is currently considering its proposal to amend the Air Pilots Award 2020 to cover helicopter aircrew. Helicopter aircrew are currently covered by the Miscellaneous Award 2020. The proposed amendments will extend the operation of the Air Pilots Award to aircrew which are defined as:

The following is a note about the effect of commencing a claim for compensation as a result of the death of a passenger in the wrong Court.

We are pleased to provide you with our update on developments affecting the shipping and transport industries in Australia.

Many of you will be following closely the latest legal developments relating to COVID-19 vaccines in the workplace. Qantas for example, recently announced it will introduce mandatory vaccination for its employees and a number of Australian employers have indicated that they will mandate vaccines for their workers.

The aviation and transport industries rely heavily on a casual workforce, but due to recent case authority the issue of which workers are true ‘casuals’ has been unclear, meaning some casuals have been entitled to both casual loading and leave entitlements when an employee was found to be a part time worker….

Over the past 18 months, governments around the country have brought in measures to keep maritime workers safe during the pandemic. Alexis Cahalan, partner at Norton White Lawyers, takes a close look at some measures in place for New South Wales

• On 23 March 2021, the container ship Ever Given ran aground in the Suez Canal, Egypt while en route to Rotterdam in the Netherlands, sparking shipping and supply chain chaos, months of international headlines and countless office memes.

• The ship was eventually dislodged (thanks to a considerable coordinated effort), but the complex legal fallout has really only just begun.

• This article introduces readers to some of the surprising jurisdictional, maritime and insurance law disputes that lie ahead.

• Australian Consumer Law Amendments

• Force Majeure May Not Exclude Liability

• First Prosecution of Consignor For Chain Of Responsibility Failures

• High Court Puts An End To Marine Cargo Insurance Question

• Green Light For Fright Brokers’ Collective Bargain

Alexis Cahalan looks at recent incidents where containers were lost at sea and the role maritime insurance plays in the expenses arising from these incidents.

ON 12 April, the High Court brought to an end a question in the case of a marine transit insurance policy.

The case, Swashplate Pty Ltd v Liberty Mutual Insurance Company, arose from damage to a helicopter shipped from the US to Australia insured under a maritime transit policy.

The need to draw a distinction

Whether a worker is legally categorised as an ‘employee’ or a ‘contractor’ can have potentially significant ramifications for businesses for a wide range of reasons including in connection with assessing entitlements, payroll, tax, superannuation entitlements and even access to workers’ compensation. Drawing a clear distinction is vital to successful and mutually understood employment relationships. However, it is not an area of law that stands still and so business operators need to be familiar with the developments in the legal test and the factors that tend to establish an employment rather than contractor relationship…..