Tag: featured

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Failure to pass a Standard does not of itself establish negligence

Garrett v Hills Industries [2006] QDC 299 –  Even if a device of product failed to pass all relevant tests of the Australian standard, this would not, of itself, establish negligence: O’Connor v Hansen Wilckens Hornibook Constructions Ltd (1968) 42 ALJR 239; Crisa v John Shearer Ltd (1981) 27 SASR 422 at 428.

Failure to follow a standard does not, without more, establish negligence: O’Connor v Hansen Wilckens Hornibrook Constructions Ltd (1968) 42 ALJR 239, 242; Jones v Bartlett [2000] HCA 56; (2000) 205 CLR 166 [110]; Scope Machinery Pty Ltd v Ross [2009] WASCA 100 [43].

It is for the court to adjudicate upon what is the appropriate standard of care: Lanza v Codemo [2001] NSWSC 845 [169]; Francis v Lewis [2003] NSWCA 152 [43].

Even compliance or noncompliance with statutory construction requirements will not be determinative of the issue about whether reasonable care has been taken (Jones v Bartlett [23]).

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Set-off in financing transactions

This presentation was delivered as a CLE by Dr William A.J. Higgs (Barrister at Law, Elizabeth St Chambers) and Alex Chernishev (Senior Associate, Mills Oakley)

The presentation provides an introduction to an advances topic called set-off.

The presentation was delivered as a CLE through the College of Law, Sydney.

Setoff

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Liability for aircraft components

This presentation was delivered by Dr WIlliam Higgs and Geoffrey Parker SC of Elizabeth Street Chambers to the NSW Branch Aviation Law Association of Australia and New Zealand on Thursday 16 July 2015.

The presentation is aptly entitled “Liability for aircraft components – including case studies – how not to get fatigued!” although it contains more aviation than law!

The hypothesis is that a little bit of aircraft engineering knowledge would assist in identifying the cause of the crash – specifically by shaping your preliminary thesis and identification of experts – ultimately to guide you in ascertaining the cause of the crash. This dictates case theory.

The presentation concludes with a Case study – Crash of Robinson R-22 Mariner II helicopter (VH-MIB) on 30 May 2004.

McDermott & Ors v Robinson Helicopter Company Incorporated – [2014] QCA 357

McDermott v Robinson Helicopter Company – [2014] QSC 34

The authors thank both (i) the ATSB for the images contained in the presentation: reference ATSB TRANSPORT SAFETY INVESTIGATION REPORT – Aviation Occurrence Report – 200401917 and others and (ii) the University of Delft for some images from their course in aviation structures.

Liability for aircraft components – including case studies.