Privacy and cyber security have garnered intense scrutiny recently, leading to significant reforms to the Privacy Act 1988 and a suite of new cyber security legislation. These changes underscore the Australian Government’s increasing onus on businesses to safeguard personal information they collect or hold, and to play a proactive role in protecting critical infrastructure. This is being achieved through the enactment of legislation introducing new obligations and the expansion of existing ones, and stronger enforcement mechanisms targeting non-compliance.

Following a claim by a passenger for damages as a result of the escape of their pet dog from its carrier, the CJEU determined that pets fall within the definition of “baggage” under Article 17(2) of the Montreal Convention.

The Fair Work Commission rules in favour of employee, finding that Westpac had no reasonable business grounds to refuse her request Flexible Working Arrangement in order to facilitate childcare. The decision in Karlene Chandler v Westpac Banking Corporation (2025) stresses the need for employers to carefully consider flexible work requests and ensure they are following the requirements of the Fair Work Act 2009 (Cth).

We consider the recent decision of Fair Work Ombudsman v Woolworths Group Limited & Ors [2025] FCA, in which the Federal Court of Australia has restricted the use of set-off clauses in employment contracts to satisfy industry award entitlements. Whilst considered in the context of General Retail Industry Award 2010, the decision is relevant to businesses across all industries.

In Hardy Irrigation Pty Ltd v Leeton Aerial Ag Pty Ltd [2025] NSWDC 389, Newlinds J of the District Court of New South Wales considered the application of the Damage by Aircraft Act 1999 (Cth) in a claim by the owner of a cotton farm whose crop was damaged by the herbicide used in the course of aerial crop-dusting regardless of any proven fault on the part of the aircraft operator. The Court was doubtful that the Damage by Aircraft Act 1999 regime was designed to apply in circumstances were the plaintiff landowner who was not an innocent third party per se but was in direct contractual relationship with the aircraft operator. However, the Court was bound to apply the relevant authorities to find that the aircraft operator was strictly liable to the landowner for the damage caused to the crop.  

The right to disconnect came into force for employees of small businesses with under 15 employees on 26 August 2025. The new workplace right will place a burden on small business employers, many of whom have a very small number of employees that they rely on to manage their operations. We outline the key changes and steps small business employers should take to adapt to these new requirements.

The Australian High Court has refused Corporate Air Charter’s special leave to appeal the Full Federal Court decision and we consider how the industry might respond.

Norton White is pleased to announce the promotions of Andre Bemmer and Andrew Dunn to Senior Associates.

The Full Federal Court has overturned the decision of the Federal Court which had struck out the claims by passengers of a Qatar Airways flight who were subjected to an invasive search at Doha Airport. 

The proposed Aviation Customer Rights Charter and Aviation Industry Ombuds Scheme display some fundamental misunderstandings of airline operations for both our full service carriers and regional operators alike.

The High Court of Australia has handed down judgment in the matter of Renae Evans & Anor v Air Canada [2025] HCA 22.  A unanimous Court found that Air Canada had not waived its right to rely on Article 21(2) of the Montreal Convention. 

Full Federal Court confirms shipowners cannot limit liability for expenses associated with wreck removal

The Full Federal Court has dismissed an appeal by Corporate Air Charter Pty Limited, confirming that pilot standby time constitutes paid “work” under the Air Pilots Award and must be counted towards the average 38-hour work week.  

The Treasurer flagged in Tuesday night's budget a proposed prohibition on non-competes in employment contracts.  

Amendments have been proposed to the Aviation Transport Security Act 2004 to address new threats to aviation, including new reporting requirements for cyber security breaches

Aviation Customer Rights Charter Out for Consultation

Following on from the Aviation White Paper, the Federal Government has now released the draft Aviation Customer Rights Charter for consultation. 

The Sydney Airport Demand Management Act 1997 (Cth) (‘the Act’) was passed nearly 30 years ago and regulates the allocation and use of slots for aircraft to take off and land at Sydney airport.

In our newsflash Air Pilots Award 2020 Payment Rates for Overtime and Standby Considered on 14 November 2023, we reported that the South Australian Employment Court had held that:

On 18 October 2024, the International Civil Aviation Organisation (ICAO) announced that the limits of liability under the Montreal Convention 1999 (the Convention) will be increasing. The announcement comes as part of the Convention’s five-year review mechanism under Article 24, which was designed to ensure that passenger compensation remains relevant over time.  

Will a yacht insurer’s limitation claim in England stifle a shipowner’s dreams of a sunny vacation (and claim) in Greece(‘s Courts)? Find out in our case note for Zurich Insurance Company Limited (trading as Navigators and General) & Ors v Halcyon Yacht Charter LLP & Ors [2024] EWHC 937.