Aviation (61)

Welcome to all our readers for this April 2014 edition of the HWL Ebsworth Aviation Bulletin.

Welcome to all our readers for this May 2013 edition of the HWL Ebsworth Aviation Bulletin.

Further to our newsletter dated 30 November 2012, the Aviation Legislation Amendment (Liability and Insurance) Act (2012) (Cth) will come into force on 31 March 2013. The Act will amend the Civil Aviation (Carriers’ Liability) Act (1959) ("CACL Act") and the Damage by Aircraft Act (1999) in a number of respects.

Australian privacy laws will change on 12 March 2014. Aviation industry bodies and service providers will need to update policies and procedures, as the processing of personal information is so fundamental to the industry. Most businesses will find that the changes are generally "evolutionary, not revolutionary", but there are real changes to the use of information for direct marketing, and to storage and processing of information outside Australia.

A number of important employment-related financial thresholds increased at the start of the new financial year. Importantly, the Temporary Skilled Migration Income Threshold (TSMIT), award minimum wages, the high income threshold, the redundancy tax-free threshold cap, and the superannuation maximum contribution base were all raised on 1 July 2012.

Passengers are increasingly looking to consumer friendly tribunals or lower tier courts to bring claims against airlines¹. For a small fee and with no legal representation allowed at a hearing, passengers can bring a claim against an Airline without fear of any adverse costs implications.

There is a positive duty on parties involved in the transport of dangerous goods to ensure the goods are transported in a safe manner. Dangerous goods legislation is in place to promote public safety and protect property and the environment.

Two recent rulings of the Court of Justice of the EU (CJEU) have given consideration to issues arising in the context of the liability of carriers to passengers.

Further to our newsletter dated 4 October 2012, the Aviation Legislation Amendment (Liability and Insurance) Bill 2012 (Cth) was passed by the Australian Parliament on 27 November 2012. The Bill will amend the Civil Aviation (Carriers’ Liability) Act 1959 ("CACL Act") and the Damage by Aircraft Act 1999 in a number of respects.
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