The aviation industry is highly regulated and complex. It includes international conventions and local regulations covering:

• Safety

• WHS

• Airports

• pilot training

• noise and environment

• air navigation

• cargo

• aviation insurance

• transport security

• terrorism

• unruly passengers

• liability for aircraft accidents and damage caused by aircraft.

There is also a web of bilateral and multilateral agreements between countries dealing with traffic rights to and from each country. In Australia, many of these laws have been in a state of near constant change for over 30 years.

Norton White lawyers have a thorough understanding of the matrix of these laws and conventions that regulate and impact the aviation industry.

• Defending and handling major aviation litigation and claims arising from aircraft accidents

• Defence of cargo and passenger liability claims

• Advising on and defending product liability claims

• Risk management for the minimisation of liability of airlines and aircraft operators

• Appearing at investigations and inquests

• Advising and representing airlines and aircraft operators in relation to regulatory and administrative law issues involving:

  • International Conventions

  • Civil Aviation Act, Regulations and Orders,

  • Air Navigation Act

  • Transport security

  • Noise and environmental issues

  • other legislation affecting airlines and aircraft operators in Australia

• Advising on and representing airlines and aircraft operators in negotiations with:

  • Civil Aviation Safety Authority

  • The Department of Infrastructure, Regional Development and Cities

  • The ATSB

  • The Department of Home Affairs

• Defending regulatory investigations and administrative actions such as ‘show cause’ notices

• Advising Government and industry committees involved in the formulation of legislative controls for the aviation industry

We have extensive experience providing practical and strategic advice on commercial aviation matters. We consider that clients are best served by small teams of experienced lawyers who are focused on the delivery of timely, practical outcomes. We regularly advise on:

• Advising and acting for financiers and operators in relation to all forms of aircraft finance

• advising and representing international, national and regional airlines and aircraft operators in general commercial transactions for the acquisition, leasing, charter and operation of aircraft and in relation to carrying on business as national or international passenger and cargo carriers, including the whole range of operating agreements from Ground Handling Agreements to Code Share Agreements

• acquisition of aircraft worldwide - both purchase and leasing

• aircraft financing

• acting and advising in relation to competition law issues

• Employment and contractor agreements

• aviation specific contracts

• purchase/sale of aviation businesses

• Sale and purchase of aircraft and aerospace products and aircraft finance and operating leases;

• due diligence

• Service and maintenance supply contracts

• Short term and long term charter agreements, cross-hire and other operating agreements

• Code share and agency agreements

• Conditions of carriage and ticket conditions

• Ground handling contracts

• Airport and real property leases

Our recent experience includes:

• advising on the acquisition, leasing and security arrangement for new passenger aircraft, business jets and helicopters

• advising on the acquisition and importation into Australia of multiple passenger jet aircraft from Europe, the United States and Asia

• acting in cross-border purchase and sale of aircraft and helicopters including export and import requirements

• advising on the acquisition, chartering and management of business, passenger jets and helicopters

• transacting on behalf of clients on the international register under the Cape Town Convention

• advising on the sale and purchase of companies and businesses operating aviation assets and businesses