2539NSC Introduction to Aviation Law

Assignment Questions

Question 1:

In this assignment, you are asked to answer the four questions. The response to the questions should be presented in the form of a response to an exam question.

Students are to ensure that their responses are well developed and where possible, are encouraged to support their arguments with reference to case law and legislation.

Make sure to reference cases or legislation in APA7 format. Help with referencing can be found via this link: APA 7 (griffith.edu.au)

Please provide a response to the following four assignment questions:

(i) Barry wants to become a pilot and finds it difficult to keep up with his flight training due to the lack of training aircraft at his local flight school. Barry is an orphan and he was left a substantial amount of money by his parents (held in trust) so that he is cared for. Barry decides to purchase his own Piper aircraft to help with his training. John is the legal representative for Piper Aircraft and is in the process of negotiating the sale of a Piper Tomahawk to Barry. This is a great opportunity for John because selling the Piper aircraft will boost sales for the quarter. After Barry has signed the contract and John orders the Piper Tomahawk the procurement officer discovers that Barry is only 17 years of age.

Should John be concerned? Advise John?

[7 marks]

(ii) Julie is a private pilot and is flying to Kingaroy to meet up at her grandparents property for an annual family barbeque. While flying overhead she decides to descend and fly over the familys property. Will Julie, be committing trespass if she flies over a neighbouring residential property at a height of 50 feet (15 m) without a valid reason or prior approval from the Civil Aviation Safety Authority (CASA)?

(Your answer is to be confined to legal principles and referencing case law only. A discussion of Civil Aviation Safety Regulations and other aviation provisions is not required).

[3 marks]

Queensland has a number of courts and tribunals which have been set up by state legislation to deal with a variety of matters. The type of offence or dispute will determine which court or tribunal will hear the matter.

Discuss the jurisdiction of each court and tribunal in Queensland?

[10 marks]

In 1944, a number of contracting states convened in Chicago to hold the Chicago Convention. The underlying aim was to discuss the provision of international air services.

(i) Discuss the two major areas that were considered by the attending states at the convention, and what services were derived from each?

[5 marks]

(ii) Discuss the Freedoms of the Air that govern Commercial Air Transport?

[5 marks]

During the holiday season Georgina and her family decides to travel overseas to take a well-deserved break as its been 5 years since their last holiday together. Georgina needs a break from her university studies and her financial consulting role with Solar Banking Group. On 20^th September 2020 she boards Spargato Airways - Flight 047 (a Boeing 787 Dreamliner) at Sydney International Airport, scheduled to depart 8am, and travelling direct to Bali. The embarkation process and taking-off was the best the experience for Georgina as everything was smooth and efficient.

During the flight Georgina and her parents ask Cabin Crew for some refreshments and are served a cup of orange juice as they have become quite thirsty from eating a whole pack of pretzels. Georgina drank the whole cup of juice and then asked for a further cup. After a few moments Georgina noticed a peculiar after taste and alerted the Cabin crew. After a brief investigation it was found that Georgina was served orange juice which contained lavender essential oil from an accidental spillage. The Cabin Crew disposed of the contaminated juice and provided Georgina with fresh orange juice.

The flight over the Timor Sea was smooth with minimal turbulence and Georginas excitement levels increased when hearing that Spargato Airways Flight 047 will be starting their descent. At approximately 12:30pm (local time) on 20 September 2020, the seatbelt sign is illuminated and the pilot announces the planned descent into Bali International Airport (Denpasar). Flight 047s landing approach is bumpy and unexpected gusts of wind require the pilots to abort the landing and go-around. Flight 047 receives a clearance to land from Denpasar control and the pilots make a second attempt to land. Flight 047 makes a successful tarmac landing but a sudden gust of wind causes the pilots to lose directional control and the aircraft veers off the runway and crashes. The cabin crew and a number of passengers, including Georgina, have sustained multiple injuries but thankfully there were no fatalities. Georgina has sustained a shoulder fracture, broken ribs and a broken leg. An immediate investigation has determined that pilot error caused Spargato Airways - Flight 047 to crash. While recovering in a Balinese Hospital from her injuries sustained in the crash Georgina also experienced a range of other medical symptoms which included nausea, an upset stomach, loss of appetite and diahorrea which she believes started after consuming the contaminated water on Flight 047. After a few weeks Georginas symptoms became better but she is now experiencing food sensitivities and found it difficult to eat the hospital food.

In August 2021 Georgina seeks medical advice as she begins to suffer from sleep deprivation, nightmares and constant flashbacks of the Flight 047 accident. She has been unable to continue her employment as a financial consultant and needed to pause her studies. On 19^th January 2023, a psychiatrist diagnosed Georgina with Post Traumatic Stress Disorder (PTSD). On 23rd January 2023 she decides to bring an action against Spargato Airways and seeks your help regarding what can be claimed and whether she can seek damages of $700,000 from the air carrier.

Advise Georgina?

[70 marks]

Question 2:

Question 3:

Question 4:

Due Date

5th February 2023, 23:59 AEST

Late Penalty

Refer to 2539NSC Course Profile, Section 5.3: Late Submission.

Weighting

This assignment is worth 30% of your assessment for this course.

Requirements

Your assignment must meet the following requirements:

1. Word limit: 2,000 words

2. Font: 12 point, Arial font

3. Line spacing: 1.5 lines

4. Alignment: Full Justified

5. Referencing style: APA7

Your cover page must include the following:

1. Student Name

2. Student Number

3. Course Number

4. Course Title

5. Assignment Title: Written Assignment Problem Solving Assignment

6. Word count: (Please insert the total word count used in your answer)

7. Lecturers Name

Submission Requirements

Submit your assignment through the Turnitin Submission point in the Assessment folder on Learning@Griffith (Canvas).

Paper or email submissions will not be accepted.

Extension Requests

If you require an extension please submit an extension request your mygriffith webpage or via this link :

https://www.griffith.edu.au/students/assessment-exams-grades/submitting-assignments/assignment-extension

ASSIGNMENT

COVER SHEET

Course Code

:

2

5

3

9

N

S

C

Course Name

:

Introduction to Aviation Law

Due Date

:

5th February 2023

Assessment Item Number

:

Problem Solving Assignment

Campus and Enrolment

:

On-campus / Online

Course Lecturer

:

Chris Klis

Course Convenor

:

Gui Lohmann

Word Count

[insert word count]

Student Number

[insert student number]

Student Name