Serious and imminent risk to air safety considered
In the recent case of Civil Aviation Safety Authority v
Alligator Airways Pty Ltd (No 3) [2012] FCA 601, Justice
Murphy of the Federal Court of Australia (Court) grounded Western
Australia's Alligator Airways (Alligator) for one month
following an application by the Civil Aviation Safety Authority
(CASA) for a prohibition order under s 30DE(2) of the Civil
Aviation Act 1988 (Cth) (Act).
Ultimately, this case is an important one, because it is a clear
pronouncement of the Court's role in relation to the variation,
cancellation, or suspension of a civil aviation authorisation
following reforms to the Act in 2003. The Court's risk-based
application of the current principles demonstrates its unwavering
regard for public air navigation safety in Australia. It also
provides a useful demonstration of the application of the Civil
Aviation Safety Authority v Boatman [2006] FCA 460 (Boatman)
decision.
