Aviation legal help

[deadstick]

Hi, does anyone know of and can recommend an aviation savvy goods and services lawyer? I have a major problem with an Australian aircraft and engines manufacturer and would like some legal council on my rights as a customer.

 

Any advice or assistance welcome

 

 

[Bandit12]

Be wary of free advice, or anything written on the internet.

 

That said, perhaps a solicitor well versed in consumer law is what you need, rather than aviation specifically. Plenty of information here to get you started.

 

 

[Camel]

Several advertise here http://www.aviationtrader.com.au/advert_category/legal/.

 

Good luck.

 

 

[kaz3g]

Hi, does anyone know of and can recommend an aviation savvy goods and services lawyer? I have a major problem with an Australian aircraft and engines manufacturer and would like some legal council on my rights as a customer.Any advice or assistance welcome

There is a lot of info on the Consumer Law on the Fitzroy Legal Service Law Handbook Online site. Although written for Victoria, Consumer Law is consistent across State boundaries.

 

There is also a NSW version put out by a NSW community legal service which you can find on google.

 

Finally, you will also obtain advice from the Consumer Affairs body in NSW.

 

Essentially, goods sold must be fit for the purpose and of acceptable quality (ie Free from defects, safe and durable).

 

From the Law Handbook Part 12.....

 

What remedies are available under the ACL?

 

The ACL allows a consumer to take action against a supplier of goods where one of the guarantees provided for in relation to the supply of goods (other than those guarantees contained in s.58, the guarantee as to repairs and spare parts; and s.59, the guarantee as to express warranties), has been breached by the supplier (s.259(1)). The remedies available to the consumer will depend on whether the failure to comply with a guarantee was a "major failure". A major failure will occur where (s.260):

 

• the goods would not have been acquired by a reasonable consumer fully acquainted with the failure to comply with the guarantee;
   
   
  
• the goods differ significantly from their description (if supplied by description), or sample or demonstration (if supplied by reference to sample or demonstration);
   
   
  
• the goods are substantially unfit for a purpose for which goods of that kind are commonly supplied, and that unfitness cannot easily be remedied within a reasonable time;
   
   
  
• the goods are unfit for a purpose disclosed to the supplier or their agent before supply, and that unfitness cannot easily be remedied within a reasonable time; or
   
   
  
• the goods are unsafe.
   
   
  

 

 

If the failure to comply with the guarantee is a major failure, or a failure which cannot be remedied, the consumer may, subject to s.262 (explained below), choose to reject the goods; or may retain the goods and take action against the supplier to recover compensation for any reduction in the value of the goods below the purchase price (s.259(3)).

 

The consumer may also take action against the supplier to recover damages for any loss or damage they have suffered due to the supplier's failure to comply with the guarantee, if it was reasonably foreseeable that the consumer would suffer such loss or damage as a result of such a failure (s.259 (4)).

 

However, the consumer will not be entitled to seek damages if the failure to comply with the guarantee occurred only because of a cause beyond human control, which occurred after the goods left the control of the supplier (s.259(5)).

 

If the failure to comply with a guarantee can be remedied and is not a major failure, the consumer may require the supplier to remedy the failure to comply with the guarantee (s.259(2)). A supplier remedies a failure to comply by (s.261):

 

• curing any defect in title, if there is such a defect;
   
   
  
• repairing the goods;
   
   
  
• replacing the goods with goods of an identical type; or
   
   
  
• refunding the amount paid by the consumer.
   
   
  

 

 

If the supplier fails to remedy the failure, the consumer may have the failure remedied (for example, by having the defective goods repaired), and take action against the supplier to recover the reasonable costs of remedying the failure (s.259(2)(b)(i)). Alternatively, the consumer may notify the supplier that the consumer rejects the goods (s.259(2)(b)(ii)).

 

The consumer may not reject goods where (s.262(1)):

 

• a period has passed since the goods were supplied, within which it would be reasonable to expect that the failure to comply with a guarantee would become apparent to the consumer; or
   
   
  
• the goods have been lost, destroyed or disposed of by the consumer.
   
   
  

 

 

The ACL creates a similar right of action for a consumer where one of the guarantees in relation to the supply of services has been breached by the supplier.

 

A person who has suffered loss or damage as a result of contravention of the guarantees set out in the ACL may recover the amount of loss or damage from the person who contravened the relevant provision (s.236(1)). This right of action lasts up to six years from the date of the contravention (s.236(2)).

 

Kaz

 

 

[facthunter]

I don't think you need an aviation specialist. Aviation law usually relates to specific legislation and rules relating to licencing and operating practice(s). Horrible area to venture into. You are a consumer of manufactured goods. Kaz will point you in the right direction. Nev

 

 

[sain]

It might also be a good idea to be less specific when posting on internet forums, lest you be called a "Australian aircraft and engines manufacturer" basher.