Case D4/2018

Work Health Authority v. Outback Ballooning Pty Ltd & Anor

Case No.

D4/2018

Case Information

Lower Court Judgment

19/10/2017 Supreme Court of the Northern Territory (Court of Appeal) (Southwood J, Blokland J, Riley J)

[2017] NTCA 7

Catchwords

Constitutional law – Inconsistency – Work Health and Safety (National Uniform Legislation) Act 2011 (NT) – Where hot air balloon passenger died from injuries suffered as result of scarf being sucked into inflation fan – Where appellant alleged first respondent breached s 32 of Act – Where magistrate dismissed complaint on basis Air Navigation Act 1920 (Cth), Civil Aviation Act 1988 (Cth) and other Commonwealth regulation covered field of safety of air navigation – Where Court of Appeal allowed appeal – Whether Court of Appeal erred in concluding federal civil aviation legislation excluded operation of Work Health and Safety (National Uniform Legislation) Act 2011 (NT).

Short particulars

Documents

20/04/2018 Hearing (SLA, Canberra)

03/05/2018 Notice of appeal

08/06/2018 Written submissions (Appellant)

08/06/2018 Chronology (Appellant)

22/06/2018 Written submissions (Attorney-General of the Commonwealth intervening)

22/06/2018 Written submissions (Attorney-General of the State of Queensland intervening)

22/06/2018 Written submissions (Attorney-General for the State of Tasmania intervening)

22/06/2018 Written submissions (Attorney-General for the State of Western Australia intervening)

22/06/2018 Written submissions (Attorney-General for the State of Victoria intervening)

06/07/2018 Written submissions (First Respondent)

27/07/2018 Reply

14/08/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

14/08/2018 Outline of oral argument (Appellant)

14/08/2018 Outline of oral argument (First Respondent)

14/08/2018 Outline of oral argument (Attorney-General of the Commonwealth intervening)

14/08/2018 Outline of oral argument (Attorney-General of the State of Queensland intervening)

14/08/2018 Outline of oral argument (Attorney-General for the State of Tasmania intervening)

14/08/2018 Outline of oral argument (Attorney-General for the State of Western Australia intervening)

15/08/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

06/02/2019 Judgment (Summary)