Civil Aviation Safety Authority v Skymuster Helicopters Pty Ltd [2019] FCA 615

Civil Aviation Safety Authority v Skymuster Helicopters Pty Ltd [2019] FCA 615

On the affidavits and video footage, and noting the parties' consent, there were reasonable grounds to believe that both respondents had engaged in conduct that constituted, contributed to, or resulted in a serious and imminent risk to air safety, and that they may be engaging in or were likely to engage in such conduct. The statutory threshold in s 30DE(2) was therefore met and the Court was required to make the prohibitory orders.

Jurisdiction
Australia
Judgment Date
02 May 2019
Procedural Posture
Application Under S 30 DE of the Civil Aviation Act 1988 (cth) / Determination of Casa's Application for Prohibitory Orders Following Suspension of Civil Aviation Authorisations
Outcome
Application granted by consent; prohibitory orders made under s 30DE for 15 days and no order as to costs.
Legal Topics
['civil Aviation Authorisations' "air Operator's Certificate" 'flight Crew Licences' 'serious and Imminent Risk to Air Safety' 'suspension of Authorisations' 'consent Orders']
['aviation' 'administrative Law'] ['civil Aviation Authorisations' "air Operator's Certificate" 'flight Crew Licences' 'serious and Imminent Risk to Air Safety' 'suspension of Authorisations' 'consent Orders']

Case Brief

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Procedural Posture

Application Under S 30 DE of the Civil Aviation Act 1988 (cth) / Determination of Casa's Application for Prohibitory Orders Following Suspension of Civil Aviation Authorisations

Legal Issues

  1. 1 ['Whether the Court was satisfied that there were reasonable grounds to believe that the respondents had engaged in, were engaging in, or were likely to engage in conduct that contravenes s 30DB of the Civil Aviation Act 1988 (Cth).' 'Whether orders should be made under s 30DE of the Civil Aviation Act 1988 (Cth) prohibiting the respondents from doing anything authorised by their civil aviation authorisations but unlawful without those authorisations.']

Ratio Decidendi

On the affidavits and video footage, and noting the parties' consent, there were reasonable grounds to believe that both respondents had engaged in conduct that constituted, contributed to, or resulted in a serious and imminent risk to air safety, and that they may be engaging in or were likely to engage in such conduct. The statutory threshold in s 30DE(2) was therefore met and the Court was required to make the prohibitory orders.

Court Disposition

Application granted by consent; prohibitory orders made under s 30DE for 15 days and no order as to costs.

Orders

  • ["Pursuant to s 30DE of the Civil Aviation Act 1988 (Cth), the first respondent, for a period of 15 days, be prohibited from doing anything that is authorised by the Air Operator's Certificate held by the first respondent but which, without the Air Operator's Certificate, it would be unlawful for the first...