Showing 1 - 10 of 10
Case review 10/29/2020
Come fly with me, let's fly, let's fly away - to ‘give possession’ does not include flying aircraft engines home
In VB Leaseco Pty Ltd (Administrators Appointed) v Wells Fargo Trust Company, National Association (trustee)  FCAFC 168, the Full Federal Court of Australia has overturned a first instance decision requiring Virgin’s Administrations to redeliver leased aircraft engines to Florida.
Case review 09/29/2020
No time for Maritime: NSW Civil and Administrative Tribunal affirms no jurisdiction to hear maritime claims
The Appeal Panel of the NSW Civil and Administrative Tribunal (NCAT) has confirmed that the Tribunal does not have jurisdiction to hear a maritime claim, which includes a claim arising out of an agreement that relates to the carriage of goods by a ship.
Case review 09/15/2020
In Salih v Emirates  NSWCA 215, the NSW Court of Appeal has denied an application for leave to appeal (the Application) made by a passenger, Mrs Salih (the Plaintiff), who was injured when an overhead compartment landed on her thumb during an international flight.
In Swashplate Pty Ltd v Liberty Mutual Insurance Company trading as Liberty International Underwriters the judgment was appealed, and on 13 August 2020 the Full Federal Court overturned the first instance decision and found Liberty, Insurers, liable to indemnify their Insured, Swashplate, for damage to a helicopter in transit from Mississippi to Queensland.
In December 2018 we wrote about the impact of the Californian wildfires on the global insurance market. In December 2019, Australia witnessed the worst bushfire season the country has ever seen which, like California, has implications for insurers involved in the wine industry.
Case review 03/05/2020
Yesterday, all my troubles seemed so far away… the importance of timing in the attachment of marine cargo cover
This Beatles well known tune surely rang true in the mind of the insured, Swashplate, when Chief Justice Allsop in the Federal Court of Australia held that insurers, Liberty, were not liable to indemnify it under a cargo policy, as the cargo had been inadequately packed less than a day prior to the insurance attaching.
The Australian Government is proposing to increase the liability limits under the Civil Aviation (Carrier's Liability) Act 1959 . These changes will come into force on 1 October 2019. The Australian Government recently issued an Exposure Draft of these Regulations.
A picture is worth a thousand words - contemporaneous evidence in maritime incidents and how technology can help
In Watson v Foxman  McLelland CJ said the degree of fallibility of human memory exacerbates over time, particularly where disputes or litigation intervene.
The carrier shall be bound, before and at the beginning of the voyage, to exercise due diligence to…properly man...the ship…
Case review 10/24/2017
Australian Competition and Consumer Commission v JJ Richards & Sons Pty Ltd  FCA 1224