Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McWilliam v Civil Aviation Safety Authority [2006] FCA 1585 LUKE MAXWELL MCWILLIAM AND SKYDIVE CITY PTY LTD (ACN 101 558 892) v CIVIL AVIATION SAFETY AUTHORITY VID 1231 OF 2006
RYAN J
22 NOVEMBER 2006
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 1231 OF 2006
BETWEEN: LUKE MAXWELL MCWILLIAM
First Applicant
SKYDIVE CITY PTY LTD (ACN 101 558 892)
Second Applicant
AND: CIVIL AVIATION SAFETY AUTHORITY
Respondent
JUDGE: RYAN J DATE OF ORDER: 22 NOVEMBER 2006
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The time within which the applicants may file and serve an application for an order for review pursuant to Order 54 to review the decision of the respondent made on 6 April 2005 be extended pursuant to s 11(1)(c) of the Administrative Decisions (Judicial Review) Act 1977 to 3 November 2006. 2. The application filed on 3 November 2006 be deemed to have been lodged pursuant to the extension of time referred to in paragraph 1 of this Order. 3. The applicants pay the respondent's costs of the motion on notice dated 3 November 2006. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 1231 OF 2006
BETWEEN: LUKE MAXWELL MCWILLIAM
First Applicant
SKYDIVE CITY PTY LTD (ACN 101 558 892)
Second Applicant
AND: CIVIL AVIATION SAFETY AUTHORITY
Respondent
JUDGE: RYAN J
DATE: 22 NOVEMBER 2006
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 There is before the Court an application pursuant to s 11(1) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) ("the AD(JR) Act") for an order allowing further time for the lodging under that Act of an application for review of a decision made by the respondent ("CASA") on 6 April 2005. That was a decision to issue an Instrument 130/05 which recites; 'I, JAMES MARCOLIN, Acting General Manager, General Aviation Operations, Aviation Safety Compliance, a delegate of CASA, make this instrument under subregulation 92 (2) of the Civil Aviation Regulations 1988 (CAR 1988). (SGD) Jim Marcolin Acting General Manager General Aviation Operations Aviation Safety Compliance 6April 2005 Direction - parachute operations in the vicinity of Barwon Heads aerodrome 1 Revocation Instrument CASA 34/04 is revoked. Note Instrument CASA 63/04, which purported to revoke Instrument CASA 34/04, was held by the Federal Court on 22 December 2004 to be invalid. 2 Application This instrument applies to the pilot in command of an aircraft engaged in an operation involving the descent of parachutists. 3 Direction The pilot must not allow a person to exit the aircraft to conduct a parachute descent within 4.8 kilometres of Barwon Heads aerodrome, Victoria (location indicator YBRS, reference point South 38° 15.5', East 144° 26.0').' 2 On the same day CASA promulgated another instrument purportedly pursuant to reg 152 of the Civil Aviation Regulations 1988 ("the Regulations"). That second Instrument 131/05 was in the following terms; 'I, JAMES MARCOLIN, Acting General Manager, General Aviation Operations, Aviation Safety Compliance, a delegate of CASA, make this instrument under regulation 152 of the Civil Aviation Regulations 1988 (CAR 1988).
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