Aviation Briefs

Membership enquiries are always welcome, using any of the following contacts: New South Wales – Hugh King (new President) (02) 20561; Howard Marks (Secretary) (02) 231 3520. Victoria-Tony Pyne (Vic President) (03) 604 5555; Richard Burn (Secretary) (03) 606 1606. Queensland – David Boughen (Qld and current National President) (07) 221 2669; Michael Kenny (Secretary) (07) 221 4250. Western Australia – John Farquhar- son (WA President) (09) 32 2811; Paul Nendick (Secretary) (C9) 323 6810.

1987 Annual Conference

This year’s annual conference of the Aviation Law Association of Australia was held on Queensland’s Gold Coast on 22nd and 23rd October. The conference was opened by the Hon. Peter Duncan MP, Minister for Land Transport & Infrastructure Support, who took the opportunity to announce a comprehensive review of the legislative framework for aviation safety regulation. The review will seek to simplify the Air Navigation Regulations and Orders. Duncan announced that the review would be managed by a three member task force which will be charged with ensuring that there is appropriate and adequate consultation with the industry at all stages of its work. The Minister sought contribution from members of the Association in areas of legal interest, an example of which was the suspension and cancellation of licences, particularly pilot licences.

Two papers, ‘The Legal Liability Arising from the Various International Conventions and at Common Law, including Insurance Aspects’ by Brian Bartley and ‘The Commercial Feasibility and Funding of the Cape York Space Project” by John Storey and Steven Loney received wide publicity. The proponents of the Cape York project were firm in their views that it would only succeed if it was built and operated by private enterprise.

Papers on the aviation manufacturing industry were delivered by aeronautical engineer, Bill Whitney, and by Leigh Masel, a director of Aerospace Technology of Australia Pty. Ltd. Tony Mercer, Company solicitor for Air New Zealand delivered a paper on the New Zealand experience of airline deregulation, and Captain Buck Brooksbank, immediate past-president of the Australian Federation of Air Pilots spoke on the safety problems likely to be associated with the deregulation of Australian domestic aviation. Wing Commander John Payne, a staff officer at Headquarters Operational Command, RAAF, delivered a paper on the civil liability arising from the activities of military aviation.

Finally, Professor Jack Richardson, former Commonwealth Ombudsman, spoke on recent developments in international aviation including mergers, competition, route fixing and computer reservation systems, in the course of which he suggested that unless there was to be a large government subsidy. Qantas and Australian Airlines would have to merge.

All the conference papers are being published and can be obtained by sending $10. 00 to the ALAA Secretariat, GPO Box 5186, Sydney 2001.

New Branch For Western Australia

A Western Australian branch of The Aviation Law Association of Australia has been formed. The inaugural President of the new WA branch, Mr John Farquharson said, ‘The Association’s chief aim is to promote an understanding of aviation law as it operates in Australia and overseas”.

‘Its branches act as forums for the commercial community, the aviation industry, and the legal profession to discuss aviation law usages and practices. We hope our branch will foster such interaction in Western Australia’, he said.

The committee reflects the cross-section of industry involvement. It comprises two solicitors: Mr Farquharson (President) from Phillips Fox and Peter Johnson (Vice-President) from Gibson & Gibson. The Branch Secretary is Paul Nendick from the Department of Transport and Communication, WA region and its Treasurer is Mr David Bamberger of C E Heath Marine and Aviation Underwriting. Mr Tony Pinnegar of Western United Insurance Brokers and Mr John Erwin of the Australian Aviation Underwriting Pool are also on the WA Branch committee.

World Congress On International Air Safety Law

The Aviation Law Association of Australia is convening a world congress on international air safety law in Sydney from the 12th to the 15th October, 1988. This will be a significant event for all areas of the aviation industry and internationally respected speakers will be discussing a wide range of laws, both domestic and international, and their effect on and value to the aviation industry. The forum will enable the exchange of many views and will be invaluable to industry personnel who need to be informed of the latest legal developments. Further details can be obtained from the New South Wales Branch of the Association.

Pilots And Colour Blindness – Victorian Branch Dinner

Dr Arthur Pape addressed the September 1987 quarterly dinner of the Victorian Branch of the Aviation Law Association. Dr Pape holds a current Commercial Pilots Licence and Class 1 Instrument Rating but has been prohibited from flying at night due to colour blindness.

Dr Pape informed the meeting he has been waging a campaign on a variety of fronts to gain night flying privileges for himself and to have the colour standards in the Air Navigation Orders revised to similarly benefit other colour blind pilots. His most recent exercise was an appeal in the Administrative Appeals Tribunal against the Department of Transport and Communications decision which imposed the night flying prohibition on him. Dr Pape presented to the diners a detailed, illustrated and cogent scientific argument that colour is redundant to collision avoidance. He also canvassed other uses of colour in flying.

Since the dinner, the AAT handed down is decision. Dr Pape was granted the right to fly at night but only under Instrument Flight Rules, and only then with limitations as to radio equipment, aircraft size and speed. Private and Night VFR rated pilots will gain no benefit from the decision.

Geoff Masel, senior partner at Phillips Fox Solicitors, Melbourne commented on Dr Pape’s presentation.