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.

On 1 July 2022, the grace period for enforcement of the revised Air Navigation (Aircraft Noise) Amendment (2021 Measures No. 1) Regulations 2021 that came into effect on 14 December 2021 ends meaning that some RPAS operators can now face heavy penalties for operating without an approval.

On 27 May 2022, Judge Forbes of the Federal Circuit and Family Court of Australia delivered a landmark decision in Nino v Kuksal [2022] FedCFamC2G 401 on the ability of the workers to claim against officers of the company personally.

The case involved claims brought by eight international students against their former employer Mr Kuksal and two entities owned and controlled by him. The applicants alleged that they were either not paid or underpaid for cleaning, housekeeping and related duties they carried out in the course of their employment.

In Melbourne Aircraft Leasing (UK) Ltd v Algeri [2022] NSWSC 443 the NSW Supreme Court dealt with a rather complex trust that was created over Virgin Australia Group’s assets following the Group’s exit from voluntary administration. The main question was whether the Trustee’s acted correctly in distributing funds to creditors without preferencing certain aircraft lessors. The lessors were of the view that their claims should be given priority in the distribution of funds from Trust based on the principle in Re Lundy Granite Co (1871) LR 6 Ch APP 462 (‘Lundy Granite’).

Thirty two Plaintiffs brought claims for disappointment pursuant to s 267(4) of the Australian Consumer Law (ACL) against Scenic Tours Pty Ltd (Scenic) for breach of consumer guarantees under the ACL after their river cruise was disrupted due to weather, meaning that sections of the tour had to be completed by bus.

Thirty two Plaintiffs brought claims for disappointment pursuant to s 267(4) of the Australian Consumer Law (ACL) against Scenic Tours Pty Ltd (Scenic) for breach of consumer guarantees under the ACL after their river cruise was disrupted due to weather, meaning that sections of the tour had to be completed by bus.

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