Carter Newell Lawyers is an award winning specialist law firm providing legal advice to Australian and international corporate clients.
Led by Senior Partner, Paul Hopkins and Partner Glenn Biggs, our Aviation team acts for insurers in defence of various local and offshore personal injury and property damage claims. In particular, the firm has acted in defence of both dependency and personal injury claims following the deaths of, or injuries to passengers and third parties arising from charter operations and RPT, parachuting and adventure flights, instructional flights and embarking / disembarking aircraft. We have acted for insurers in defence of property damage and business loss claims across a wide range of matters ranging from defective LAME workmanship, product liability, pilot or operator negligence and licensed / unlicensed aerodrome liabilities for major and regional airports.
For the last 20 years, members of the Carter Newell Aviation team have advised clients on a comprehensive range of aviation insurance indemnity issues which have included:
- Wear and tear exclusions
- Nervous shock damages
- Injuries to pilots and worker's compensation issues
- Due diligence and statutory compliance
- Damage confined to a unit within an aircraft
- Contractual liability
- Non-owned aircraft coverage
- Defective workmanship
- Professional advice / service exclusions
- Jurisdiction and choice of law clauses
- Subrogation and other recovery actions
- Advice in relation to dual insurance, contract indemnity and exclusion clauses
- Aviation (legal) risk management.
The team also has significant experience in the application of legislation such as the:
- Civil Aviation Regulations 1988 (Cth)
- Civil Aviation Safety Regulations 1998 (Cth)
- Civil Aviation (Carriers’ Liability) Act 1959 (Cth)
- Airports Act 1996 (Cth)
- Various international aviation conventions and treaties.