Publications
Heavy Vehicle National Law Reforms – Changes to Accreditation, Safety Standards, Audits and Fatigue Management
The Heavy Vehicle National Law (HVNL) applies for heavy vehicle operations across Australia, excluding Western Australia and the Northern Territory. A review of the HVNL, led by the National Transport Commission (NTC), commenced in 2019 and aimed to update the existing law to improve safety and productivity for the heavy vehicle sector. The proposed amendments to the HVNL (the Heavy Vehicle National Law Amendment Bill 2025 (Qld) and the Heavy Vehicle National Amendment Regulations 2025 (Qld) (Amendments) passed Queensland Parliament on 18 November 2025 and are expected commence 1 July 2026 with no grace period regarding breaches of the reformed HVNL.
from Disclosure to Due Diligence: Australia’s Modern Slavery Regime Signals a Shift to Action
Australia’s modern slavery framework is showing clear signs of moving from a disclosure‑only model toward more active risk management expectations. The January 2026 position paper from the Australian Anti‑Slavery Commissioner indicates that companies may soon be expected to identify, assess, and address modern slavery risks, not merely report on them. Ultimately, the aim is to embed risk-based due diligence and high-risk declarations into the Modern Slavery Act 2018 (Cth).
Fast-Tracking of Road Transport Contractual Chain Orders due to fuel price surges
The Fair Work Act 2009 (Cth) (‘FWA’) was amended 2 April 2026 to create an emergency fast-track mechanism for Road Transport Contractual Chain Orders (RTCCOs). This is a direct response to recent surges in fuel prices and greatly speeds up the ability for mandatory revisions of contracts across supply chains. It is anticipated that the Minister or Commissioner will use this power to make industry wide orders more frequently in future.
ACCC Mandatory Merger notifications
Following the most significant changes to Australia’s merger control regime in decades earlier this year, from 1 April 2026, further elements of the new regime will come into effect, including expanded notification thresholds (particularly capturing a broader range of asset acquisitions), revised control and voting power tests, and additional measures targeting serial or “creeping” acquisitions. Together, these changes will broaden the scope of transactions captured by the notification regime.
ASIO director-general warns CRITICAL INFRASTRUCTURE is UNDER THREAT: privacy and cyber security law UPDATES FOR THE TRANSPORT INDUSTRY
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.
Court of Justice of the European Union finds pets are ‘baggage’ rather than ‘passengers’ for the purpose of the Montreal Convention
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 Finds Employee Entitled to Work from Home to Facilitate Childcare: Implications in the Transport Sector
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).
Set-Off Clauses: Salaries no longer ‘set-and-forget’
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.
District Court finds operator of crop duster aircraft strictly liable for damages to a cotton crop under Damage by Aircraft Act 1999
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.
Small Business Employers and the Right to Disconnect
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 High Court of Australia refuses special leave to appeal Full Federal Court decision that Standby Duty be Paid as “Work” and included in Average Work Hours
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.
NEW SENIOR ASSOCIATE APPOINTMENTS
Norton White is pleased to announce the promotions of Andre Bemmer and Andrew Dunn to Senior Associates.
Full Federal Court Holds Qatar Airways Passengers Searched at Doha Can Pursue Damages
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.
Aviation Customer Rights Charter and Aviation Industry Ombuds Scheme Recommendations to industry
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.
Limiting Liability under Article 21(2): High Court Sheds Light on Interaction between Air Tariffs and Defences under the Montreal Convention
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
Full Federal Court confirms shipowners cannot limit liability for expenses associated with wreck removal
The Full Federal Court orders Standby Duty to be Paid as “Work” and Included in Average Work Hours
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.
Australian Government to ban non-compete clauses
The Treasurer flagged in Tuesday night's budget a proposed prohibition on non-competes in employment contracts.
Amendments to Aviation Security Laws Proposed by Parliament
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
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.