Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Civil Aviation Safety Authority v Boatman [2004] FCAFC 336
PRACTICE AND PROCEDURE – Civil Aviation Safety Authority (CASA) applied under s 30DE of Civil Aviation Act 1988 (Cth) (CA Act) to prohibit the respondents from flying aircraft pending investigation of conduct suspected of constituting serious and imminent risk to air safety – consent orders made prior to hearing of application – parties mistake basis on which judge made the consent orders – effect of the orders on the pending application
STATUTORY INTERPRETATION – CASA investigation under Part III, Division 3A of CA Act – application for order under s 30DE to prohibit the respondents from flying for a period to enable CASA investigation to be completed – investigation completed in fact before hearing of application – whether s 30DE order could or should be made – purpose of s 30DE order in scheme of Division 3A Civil Aviation Act 1988 (Cth)ss 3A, 9A, 30DB, 30DC, 30DE, 30DF, 30DG, 30DH, 30DI, 31A Civil Aviation Regulations (1988) reg 269 Civil Aviation Safety Authority v Boatman [2004] FCAFC 16 cited Harris v Caladine (1991) 172 CLR 84 cited CIVIL AVIATION SAFETY AUTHORITY v GRAEME BOATMAN & VALERIE KENNEDY No ACD 27 of 2004 WHITLAM, FINN & CONTI JJ SYDNEY (HEARD AT CANBERRA) 24 DECEMBER 2004
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 27 OF 2004
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: CIVIL AVIATION SAFETY AUTHORITY
APPELLANT
AND: GRAEME BOATMAN
FIRST RESPONDENT
VALERIE KENNEDY
SECOND RESPONDENT
JUDGES: WHITLAM, FINN AND CONTI JJ
DATE OF ORDER: 24 DECEMBER 2004
WHERE MADE: SYDNEY (HEARD AT CANBERRA)
THE COURT ORDERS THAT: 1. The appeal be allowed and the orders of Gyles J be set aside; 2. The matter be remitted to a judge of the Court to hear the appellant's application for an order under s 30DE of the Civil Aviation Act 1988 (Cth); 3. The respondents pay the costs of the appeal and of their motion before Gyles J; and 4. The respondents' cross-appeal be dismissed with costs.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate