Airservices Australia v Canadian Airlines International Ltd
Airservices Australia v Monarch Airlines Limited
Airservices Australia v Polaris Holding Company

Administrative law – Aviation – Civil Aviation Authority – Charges levied by CAA for use of services and facilities – Whether charges were reasonably related to expenses incurred in provision of services and facilities – Whether particular charges required to relate to particular services – Whether charges amounted to taxation.

Constitutional law – Acquisition of property – Statutory liens imposed on leased aircraft where lessee had accrued charges remaining unpaid – Discharge of liens by payment of charges and penalties by lessors – Whether such liens constituted the acquisition of property otherwise than on just terms.

Constitutional law – Taxation – Statutory authority – Provision of services to be paid for by users – Whether law effecting indirect subsidy between users of services a law imposing taxation.

Constitutional law – Executive government – Statutory authority – Provision of services to be paid for by users – Whether financial structure permitted by ss 81 and 83 of the Constitution.

Statutory interpretation – Statutory instrument – Construction to be adopted where two alternative constructions available.

Liens – Statutory liens imposed on property to secure debts of lessee – Whether acquisition of property otherwise than on just terms.

Words and phrases – "fee for service" – "just terms" – "reasonably related" –"taxation" – "value".

The Constitution, ss 51(xxxi), 55, 81, 83.

Civil Aviation Act 1988 (Cth), ss 66, 67, 68-81.