Authorised by Academic Registrar, April 1996
Objectives On completion of this subject students should have (1) an appreciation of the role of Australian federal law in the regulation of domestic air services; (2) a knowledge and understanding of the law of carriage and related issues affecting the operation of the Australian domestic air transportation system and a basic familiarity with equivalent principles and issues affecting international air transportation; (3) an appreciation of the ways in which diverse areas of public and private law interact to regulate particular forms of commercial activity; (4) an awareness of deficiencies in laws and regulatory structures affecting domestic civil aviation and an ability to discuss plausible solutions; (5) an ability to formulate reasoned legal appraisals of factual situations involving air carriage related legal claims; and (6) improved skills in written and oral legal communication and research.
Synopsis This subject examines the main legal principles governing the carriage of passengers and goods by air (and to an extent by land) within Australia. Matters dealt with include the liability of air carriers for the death and personal injury of passengers under Part IV of the Civil Aviation (Carriers' Liability) Act 1959, liability of carriers and freight forwarders in the carriage of cargo by air, liability of government aviation authorities, aviation products liability and environmental law relating to aircraft noise and sonic boom. The subject will also consider the law relating to aerial hijacking and other unlawful acts affecting aircraft and aviation facilities.
Assessment Take-home examination: 100% or take-home examination: 65% and research assignment (3500 words): 35%