Aviation and Transport

Aviation

Aviation law is a specialised area, it falls under the general heading of transport law which Carneys Lawyers specialise in. Transport law deals with air, rail, road, sea and space. To cover these areas, detailed legislation has been created at both state and federal levels.

Aviation is governed by federal legislation in Australia and is found throughout the following:

  • Air Services Act 1995
  • Airworthiness Directives (CASA)
  • Aviation Transport Security Act 2004
  • Crimes (Aviation) Act 1991
  • Guide to the Civil Aviation Regulations 1998
  • Legislation and regulation (Civil Aviation Safety Authority)
  • Overview of Civil Aviation Safety Legislation (CASA)
  • Regulatory Reform (CASA)

Our extensive services include advice on:

  • Acquisition and disposal of aircraft
  • Acquisition and disposal of aviation businesses
  • Air safety investigations
  • Aircraft selection and financing
  • Aviation disputes
  • Aviation security
  • Bilateral arrangement
  • Breaches of Crimes (Aviation) Act 1991
  • Capacity issues
  • Freight arrangements
  • Infrastructure arrangements
  • Insurance matters (see below)
  • Licensing disputes
  • Negotiations with airport owners and operators
  • Regulatory compliance

We've worked for many aviation manufacturers and other aviation equipment suppliers for a number of years. We're also available to advise commercial operators and pilots on general aviation matters, and provide aviation advice to insurance brokers and their clients as well as to other lawyers practising in this field. One of our lawyers specialises in Aviation Law and Litigation. He's acted for a number of aircraft maintenance organisations, aviation regulatory authorities, airport owners, fixed wing manufacturers, helicopter manufacturers, and aviation underwriters, both here and overseas, plus other aviation clients.

Our insurance expertise includes:

  • Advice on Aviation Insurance Policy wordings
  • Aviation Products Liability (fixed wing and rotary wing aircraft and aircraft parts)
  • Airport owners' Liability (airside and non-airside)
  • Airport Contractors' Liability
  • Aircraft Charter Liability including pilot indemnity
  • Air Carriers' Liability (Passenger and Cargo)
  • Aircraft Engine (Piston and turbine) and Aircraft Components repair and overhaul organisations' liability (hangar keepers and products' liability)
  • Investigation of major aircraft accidents.
  • Aviation Regulators' Liability
  • Aviation Services Providers' Liability
  • (includes liability of air traffic controllers - airborne and airside)
  • Advising foreign lawyers on Australian law
  • Claims management and handling.
  • Negligence cases
  • Recovery of settlement money under subrogation
  • Representative Proceedings
  • Insurance Policy Drafting
  • Private client advice

Plus we can help you with:

  • Purchase and/or sale of aircraft;
  • Legal aspects of AOC's and C of A's and Airworthiness
  • Civil Aviation Safety Authority Actions
  • Leasing/cross hire of aircraft
  • Aviation related litigation

Transport

The number of things that can go wrong when transporting goods is long. But, managing the risks doesn't have to be costly or complicated. Carneys Lawyers can help you manage the risk of transporting goods internationally, as well as handling any customs or quarantine issues that can arise either at home or abroad.

We deliver:

  • Risk management: Our lawyers can advise you on all the aspects of transporting goods within Australia and New Zealand and offshore. From freight to insurance, from shipping costs and regulation, to the laws governing ports and air carriage.
  • International expertise: We have the experience in dealing with transport issues domestically and internationally.
  • Unique insight: Our lawyers know the market. We understand the sale and purchase, shipping, charter party, freight handling and insurance issues that could affect your transactions.

We have expertise in:

  • Customs and quarantine.
  • Transport, supply chain and logistics.
  • The sale of goods and trading terms.
  • Security and payment.
  • International conventions applicable to air and sea transport.
  • Legislation and government regulations.
  • Dispute resolution.