Aviation, Drones & Space

From the client's CASA documents (operator accreditation, remote pilot licences, ReOC and its conditions, drone registrations, flight authorisations and the operations manual) extract each authorisation, its holder, conditions, aircraft covered and expiry into a register with the source page.

The lawyer checks each entry against the CASA document, confirms which operations each authorisation covers, and diarises renewals.

Working with the lawyer from the job description, the site, the aircraft and the register, list each element of the proposed operation (height, distance from people, populous area, line of sight, airspace, weight and purpose) against the CASA rules and the client's authorisations, and flag where an approval is needed.

The lawyer decides whether the operation is within the standard rules or the client's authorisations, whether a flight authorisation or other approval is needed, and advises the client before the job.

From the notice and the client's records, extract each fact and circumstance CASA relies on into a table beside the client's records that bear on it, and index the records. The tool writes nothing in the response.

The lawyer writes the response, decides what to accept and contest, proposes any conditions or remedial action, checks every fact, and advises on review if CASA proceeds.

From the ticket or air waybill, the itinerary, the baggage or cargo receipts and the client's correspondence, extract the carriage, the dates of arrival or receipt, and compute the Article 31 complaint deadlines and the Article 35 two-year date, with the source of each date.

The lawyer decides whether the carriage is international under the Convention or domestic under Part IV, confirms each trigger date, and diarises the deadlines.

Working with the lawyer from the time-bar table, the receipts and the loss evidence, draft the written complaint or letter of claim, with the loss itemised and the Convention articles relied on.

The lawyer confirms the regime, checks the current liability limits that apply, settles the amounts claimed against the evidence, and confirms the complaint is in writing and in time.

From the occurrence reports, operator records and timeline the lawyer supplies, extract a dated table of what happened, who knew when, and what has been reported to whom. The tool does not write the advice and receives no ATSB restricted information or on-board recordings.

The lawyer decides whether the occurrence is an immediately reportable or routine reportable matter, who the responsible persons are, whether the 72-hour written report has been made, and advises on dealing with the investigation and on restricted and on-board recording information in any later proceedings.

Working with the lawyer, extract the sublease or licence terms (permitted use, development, building approval, environmental and access obligations) into a table set against the head lease clauses and the master plan and major development plan provisions the lawyer identifies.

The lawyer decides whether the proposed use and works are consistent with the head lease, the master plan and the Airports Act 1996 framework, what approvals are needed, and advises the tenant or the airport-lessee company.

Working with the lawyer from the client's mission documents, safety case and insurance papers, draft the application sections and a checklist of each requirement in the Space (Launches and Returns) Act 2018 and the applicable Rules, with the evidence for each.

The lawyer confirms which approval is needed, checks every statement against the technical and insurance documents, confirms the insurance and financial requirements are met, and settles the application with the client.

From the security agreement or lease, the aircraft and engine specifications and the parties’ registry details, build the registration schedule: each airframe, engine and helicopter by manufacturer, model and serial number, the PPSR registrations to be made with their collateral class and serial numbers, and the International Registry registrations and consents required from each party, and flag any serial number that differs between documents.

The lawyer confirms which interests are registrable on each register, checks each serial number against the aircraft’s own records, confirms the parties have the registry access and consents needed, and confirms each registration was made correctly before funds are released.

From the purchase or lease documents and the ownership structure, populate the regulator’s registration application with the registration holder and the nominated registered operator, and list each document the application needs and whether it is held.

The lawyer decides who should be the registration holder (including where a lessor or financier is the sole legal owner, or where there are joint owners or a trust), confirms the registered operator meets the regulator’s requirements, and checks the application before lodgement.

From the notice, the flight records, logs and any recordings or statements the client holds, build a source-tagged chronology of the alleged conduct, extract the provision and the particulars alleged, and list each element of the offence against the evidence that bears on it.

The lawyer advises the client whether to pay or to let the matter go to court, taking into account that payment discharges liability for the offence and any demerit point or licensing consequences, and prepares any representations to CASA.

From the preliminary draft master plan, its environment strategy and the client’s concerns (noise, land use, access, development on the airport site), extract each proposal that affects the client with its page reference, and draft the submission’s structure and issue-by-issue points for the lawyer to work through.

The lawyer decides which issues to press and on what legal and planning basis, checks every reference to the draft plan, settles the submission and confirms it is lodged within the consultation period.

From the booking, the fare rules, the airline’s or agent’s records of the disruption and the passenger’s claim, build a timeline of the disruption and the offers made, list the remedies the passenger seeks and draft the response from the approved templates.

The lawyer decides whether the consumer guarantees apply and whether the passenger is entitled to a replacement, refund or reimbursement in the circumstances, checks the fare rules do not purport to exclude rights that cannot be excluded, and settles the response.

From the background check outcome, the applicant’s criminal history and the employer’s description of the role, set out each offence with its date, court, sentence and tier as stated in the outcome, and assemble the supporting material the applicant has (references, rehabilitation evidence, employment history) into the application bundle.

The lawyer confirms why the applicant was found not eligible and whether a discretionary card can be sought, decides what the application must show about the risk the applicant poses, prepares the submissions and advises on review if refused.

From the operation plan, flight paths, camera and microphone specifications and the locations and times of flights, list where the operation may record private activities or conversations, or track people or vehicles, and map each to the device category in each state or territory where it flies, citing the provision for the lawyer to check.

The lawyer decides whether each use would be an offence in the state where it occurs, whether consent or an exception applies, what notices or consents the operator needs, and advises on privacy and trespass exposure beyond the surveillance laws.

From the ticket, the flight records, the incident report and the passenger’s medical records, build the claim table: the carriage and whether it is domestic, when the aircraft arrived or should have arrived, the date the two-year period ends, where the event happened relative to embarking and disembarking, and the documents bearing on whether there was an accident, each cited to its source.

The lawyer decides which liability regime applies to the carriage, whether there was an accident on board or in the course of embarking or disembarking, confirms the date proceedings must be issued by, and advises on liability and damages.