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Coroners Inquiries, Harvey, CASA + ATSB

Harvey, Coroners Inquiries + ATSB  [Document as shown below – includes further data]

The following gives a list of Coroners Inquiries and the original data, with a followup of those involved:

Coroners Inquiries
1. Toowoomba:
http://www.courts.qld.gov.au/__data/assets/pdf_file/0005/86711/cif-duckett-ab-johnson-bw-hughes-aj-thompson-ka-20070809.pdf
2. WillowBank:
http://www.courts.qld.gov.au/__data/assets/pdf_file/0011/86726/cif-willowbank-aircrash-20081124.pdf
3. Mareeba Microlight:
http://www.courts.qld.gov.au/__data/assets/pdf_file/0008/86786/cif-scholl-ph-20090127.pdf
4. Hamilton Island Fuel selector:
http://www.courts.qld.gov.au/__data/assets/pdf_file/0006/86640/cif-hamilton-isl-bowles-m-j-s-k-morris-a-legallo-ca-20060907.pdf
5. Lockhart River:
http://www.courts.qld.gov.au/__data/assets/pdf_file/0003/86682/cif-lockhart-river-aircrash-20070817.pdf
6. Gunpowder Chopper:
http://www.courts.qld.gov.au/__data/assets/pdf_file/0009/86832/cif-gunpowder-heli-crash-20090914.pdf
7. EMS Chopper – Hamilton Island:

http://www.courts.qld.gov.au/__data/assets/pdf_file/0005/86594/cif-liddington-c-stewart-e-carpenter-a-20051028.pdf
8. Gyrocopter:
http://www.courts.qld.gov.au/__data/assets/pdf_file/0005/86765/cif-fitzgerald-am-20080328.pdf
9. Colin Pay – Liddell:
http://www.lawlink.nsw.gov.au/lawlink/Coroners_Court/ll_coroners.nsf/vwFiles/Findings-ColinPay.pdf/$file/Findings-ColinPay.pdf
10. Benalla – Out of tolerance gps [DR Mode]
http://www.coronerscourt.vic.gov.au/resources/2/a/2a702e8048b782a6a5d9b5f1df885cf8/kerrydavidendicottupdated_263904.pdf
11. Bathurst – Strikemaster detachment of tail:

5 October 2006, a BAC 167 Strikemaster aircraft

_________________________________________________________________

 Senate Questions and Answers:

Question No: CASA 15 Division/Agency: Civil Aviation Safety Authority
Topic: Mr Ian Harvey QC
Hansard Page: 39 (23/05/06)
Senator McLUCAS—My next question is tangentially related to this issue. Can you tell me what work CASA has employed Mr Ian Harvey QC to undertake over the last, say, five to seven years?
Mr Gemmell—We can. Mr Harvey has done quite a bit of work for CASA. He very commonly represents us. I have come across him representing us in the Federal Court and indeed in coronial inquiries and various things. So he has done quite a bit, be we would have to check all the details of that.
Senator McLUCAS—If you could just give me a list. I hope that is not too difficult to find.
Mr Gemmell—No, we could find that.
Answer:
Over the past 5 years, Mr Ian Harvey QC has appeared for CASA in the following matters:

In the Administrative Appeals Tribunal
• Cole v CASA
• Brazier v CASA
• Aerolink v CASA
• Schutt Flying Academy v CASA
• McWilliam v CASA
• Polar Aviation v CASA
• Mulligan v CASA
• Heavylift v CASA
In the Federal Court
• Layton v CASA
• CASA v Boatman (led by P. Brereton QC)
• Byers v CASA
• McWilliam v CASA (led by R. Tracey QC)
• CASA v Hotop (led by P. Brereton QC)
Coronial Inquests
• Police Air Wing (Western Australia)
• Toowomba (Queensland)
• Hamilton Island (Queensland)
Other Court Proceedings
• Sydney Heli-Scenic v CASA (NSW) (led by G. Hilton SC)

CASA Legal Training
Mr Harvey has also provided training for CASA on five occasions.

Question No: CASA 16
Division/Agency: Civil Aviation Safety Authority
Topic: Mr Ian Harvey
QC – CASA’s Preferred Barrister
Hansard Page: 39 (23/05/06)
Senator McLUCAS—It would be quite simple to find. Would you describe Mr Harvey as CASA’s preferred barrister?
Mr Gemmell—No. My understanding is that we have a contractual arrangement with a panel of suppliers who we roll around with. Mr Harvey on occasions would be representing our insurers. It would be a decision about representation coming from both CASA and our insurers, and it depends on who our insurers are. I am not sure the description ‘preferred’ would be correct, but I can check that to see if any part of the contract does indicate that.
Answer:
Mr Ian Harvey QC is one of a small number of barristers with demonstrable experience and expertise in aviation- related matters of the kind in which CASA tends to become involved. In litigation before the courts and before coronial inquests, CASA’s insurers and external solicitors determine who will appear on CASA’s behalf. In many of those cases, Mr Harvey is their choice on the basis of his recognised ability and expertise.
Before the Administrative Appeals Tribunal, CASA’s own in-house counsel appears for CASA in about half of all matters brought. Mr Harvey has appeared in a majority of the remainder of those matters in recent years.
As is customary with barristers, Mr Harvey is self-employed and is engaged on a fixed daily rate in each matter briefed.
Question No: CASA 34
Division/Agency: Civil Aviation Safety Authority
Topic: Mr Ian Harvey QC
Hansard Page: 39 (23/05/06)
Written Question: Senator O’Brien asked: On how many occasions has Mr Ian Harvey QC represented CASA or the Department in aviation related matters or prepared aviation-related briefs, reports, papers, and submissions? In each case, can details be provided?
Answer:
Since 1997 Mr Ian Harvey QC has appeared for or provided legal advice to CASA:
• in the Administrative Appeals Tribunal in relation to action brought by 36 parties (appearances in respect of the same party on more than one occasion have been counted only once);
• in connection with 5 coronial inquests;
• in connection with 11 matters in the Federal and State Courts (appearances in respect of the same party on more than one occasion have been counted only once); and
• provided training for CASA on 5 occasions.

________________________________________________________________________

Below is a list of Coronial Inquiries and those involved:

________________________________________________________________________

OFFICE OF THE STATE CORONER
FINDING OF INQUEST [Toowoomba]
CITATION: Inquest into the deaths of
Alan Bernie DUCKETT
Bruce William JOHNSON
Allen John HUGHES
Katharine Anne THOMPSON
TITLE OF COURT: Coroner’s Court
JURISDICTION: Brisbane
FILE NO(s): COR/01 3351 – COR/01 3354
DELIVERED ON: 09.08.2007
DELIVERED AT: Brisbane
HEARING DATE(s): 09.06.2005, 26.09.2005, 27.09.2005, 28.09.2005, 21.11.2005, 22.11.2005, 23.11.2005, 30.08.2006, 27.11.2006, 28.11.2006, 29.11.2006, 30.11.2006, 01.12.2006.
FINDINGS OF: Mr Michael Barnes, State Coroner
CATCHWORDS: CORONERS: Inquest, aircraft crash, CASA staff training, automatic recording of engine parameters.
REPRESENTATION:
Counsel Assisting: Mr Simon Hamlyn-Harris
Civil Aviation Safety Authority: Mr Ian Harvey (i/b Phillips Fox)
Australian Transport Safety Bureau: Mr Barry Cosgrove
(Australian Government Solicitor)
Mr John Langmead SC
(Australian Government Solicitor)
Mr Andrew Moore: Mr Ron Ashton
(i/b Carew Lawyers)
Mr Bruce Tindall: Mr Scott Lynch
(i/b Bernays Lawyers)
Johnson Family Mr Peter Mylne
(i/b Davidson and Sullivan)
Pratt & Whitney Canada Aust Pty Ltd Mr Sean Cooper
& Mr David Marais: (i/b Allens Arthur Robinson)

OFFICE OF THE STATE CORONER
FINDINGS OF INQUEST
CITATION: Inquest into the Aircraft Crash [PJOps] near Willowbank
TITLE OF COURT: Coroner’s Court
JURISDICTION: Brisbane
FILE NO(s): Various
DELIVERED ON: 24 November 2008
DELIVERED AT: Brisbane
HEARING DATE(s): 30 April 2008, 16-19 June 2008
FINDINGS OF: Mr Michael Barnes, State Coroner
CATCHWORDS: CORONERS: Inquest, aircraft accident, parachuting operations, oversight of tandem parachuting by CASA and the APF
REPRESENTATION:
Counsel Assisting: Mr Ian Harvey
Australian Parachute Federation: Mr Tony Entriken (instructed by Landers & Rogers)
Civil Aviation Safety Authority: Mr Andrew Luchich (instructed by CASA Legal department)
Australian Transport Safety Bureau: Mr Tim Begbie (Australian Government Solicitor)
Mr Brian Scoffell: Mr Rodney Lawson (Porter Davies Lawyers)
OFFICE OF THE STATE CORONER
FINDINGS OF INQUEST [Microlight]

CITATION: Inquest into the death of Philip Henry SCHOLL
TITLE OF COURT: Coroners Court
JURISDICTION: Mareeba
DELIVERED ON: 27th January, 2009
DELIVERED AT: Mareeba
FINDINGS OF: Mr Thomas Braes, Coroner
CATCHWORDS: CORONERS: Inquest – Microlight Aircraft accident, pilot training, Civil Aviation Safety Authority oversight of recreational aviation, interaction between Civil Aviation Safety Authority & Australian Transport Safety Bureau.
REPRESENTATION:
Counsel Assisting: Mr J Tate, Crown Law
Mr David Keogh: Mr Lynam instructed by O’Reilly, Stevens, Bovey Lawyers
Ms Leah Spriggs: Mr Knell, Solicitor
OFFICE OF THE STATE CORONER FINDING OF INQUEST
Hamilton Is.
CITATION: Inquest into the deaths of Joanne Bowles,
Michael Bowles, Sophie Bowles, Kevin Bowles,
Andrew Morris and Christopher Andre le Gallo
TITLE OF COURT: Coroner’s Court
JURISDICTION: Brisbane
FILE NO(s): COR/02 1577–COR/02 1582
DELIVERED ON: 7 September 2006
DELIVERED AT: Brisbane
HEARING DATE(s): 16 July 2005, 1 September 2005, 19–21 December
2005 and 6–10 February 2006
FINDINGS OF: Mr Michael Barnes, State Coroner
CATCHWORDS: CORONERS: Inquest, aircraft accident, fuel selector warning, chief pilots’ duties, securing of evidence.
REPRESENTATION:
Counsel assisting: Mr Simon Hamlyn-Harris
Bowles Family: Mr Peter Carter (Carter Capner Lawyers) &
Mr Graeme Casse
Morris Family: Mr David Tait, SC
Australian Transport Safety
Bureau: Mr Barry Cosgrove (Australian Government Solicitor)
Civil Aviation Safety Authority: Mr Ian Harvey
Western Air Services Pty Ltd
and Heli-Aust Engineering Pty Ltd: Mr Tom Quinn (instructed by Norton White Lawyers
and Notaries)
OFFICE OF THE STATE CORONER
FINDING OF INQUEST
CITATION: Inquest into the Aircraft Crash at Lockhart River
TITLE OF COURT: Coroner’s Court
JURISDICTION: Brisbane
FILE NO(s): Various
DELIVERED ON: 17 August 2007
DELIVERED AT: Brisbane
HEARING DATE(s): 5 April 2007, 08 May 2007, 4-7 June 2007, 18 June – 05 July 2007
FINDINGS OF: Mr Michael Barnes, State Coroner
CATCHWORDS: CORONERS: Inquest, aircraft accident, pilot training, Civil Aviation Safety Authorities oversight of aviation, crew resource management training, interaction between Civil Aviation Safety Authority & Australian Transport Safety Bureau
REPRESENTATION:
Counsel Assisting: Mr Ian Harvey
Family of Sally Urquhart: Mr Terry Martin SC (instructed by Gilshenan & Luton Lawyers)
Families of Helena Woosup, Gordon
Kris, Frank Billy, Fred Bowie & Mardie
Bowie: Mr Gerry Mullins (instructed by Cleary & Lee Solicitors)
Civil Aviation Safety Authority: Mr Peter Dunning SC with Mr Andrew Luchich (instructed by Blake Dawson Waldron Lawyers)
Air Services Australia: Mr Kevin Holyoak (instructed by Ebsworth & Ebsworth Lawyers)
Australian Transport Safety Bureau: Mr Peter Rose SC (instructed by Australian Government Solicitor)
Jepperson Sanderson Inc.: Mr Ron Ashton (instructed by Minter Ellison Lawyers)
OFFICE OF THE STATE CORONER
FINDING OF INQUEST
CITATION: Inquest into the Helicopter Crash near Gunpowder
TITLE OF COURT: Coroner’s Court
JURISDICTION: Brisbane
FILE NO(s): Various
DELIVERED ON: 14 September 2009
DELIVERED AT: Brisbane
HEARING DATE(s): 24 November 2008, 06-09 April 2009
FINDINGS OF: Mr Michael Barnes, State Coroner
CATCHWORDS: CORONERS: Inquest, helicopter accident, Chief Pilots supervision of Line Pilots, CASA’s acceptance and audit of AOC holders operations manuals
REPRESENTATION:
Counsel Assisting: Mr Ian Harvey
North Australian Helicopters: Mr John Ribbands (instructed by Maitland Lawyers)
Civil Aviation Safety Authority: Mr Joe Rule (instructed by CASA Legal department)
Australian Transport Safety Bureau: Mr Nevin Agnew (Minter Ellison Lawyers)
OFFICE OF THE STATE CORONER
FINDING OF INQUEST
CITATION: Inquest into the deaths of Craig Liddington,
Stewart Eva and Andrew Carpenter
TITLE OF COURT: Coroner’s Court
JURISDICTION: Mackay
FILE NO(s): Mackay 63, 63A & 64/2003
DELIVERED ON: 14 October 2005
DELIVERED AT: Mackay
HEARING DATE(s): 26-29 July 2005
FINDINGS OF: Ms Annette Hennessy, Coroner
CATCHWORDS: CORONERS: Inquest – Emergency Medical Service
(EMS) helicopter rescue, risks of night flying over water, Community Helicopter Providers – minimum standards for helicopters and pilots in EMS work, spatial disorientation in pilots, Clinical Coordination of EMS missions, provision of overnight medical care in remote communities (Hamilton Island), funding of Community Helicopter Providers
REPRESENTATION:
Assisting: Mr John Tate, Counsel, Crown Law
Family: Mr Patrick Murphy, Solicitor, for Mr Carpenter’s family
Mr Patrick Cullinane, Counsel instructed by Shine Roche
McGowan, Solicitors for families of Messrs Liddington & Eva
Department of Emergency Services: Mr John Tait, Counsel
Qld Health: Mr Desmond Lang, Counsel, Crown Law
CHC Helicopters (Australia): Mr Ron Ashton, Counsel instructed by Minter Ellison Sols
CQ RESQ: Mr Graham Crow, Counsel inst. by Macrossan & Amiet, Sols
ATSB: Mr Barry Cosgrove, Solicitor, Aust. Govt. Solicitor
Dr Lewin: Ms Tania Waring, Solicitor United Medical Protection

casa points:
A. That CASA consider regulating for the initial training of a helicopter pilot to include night VFR training.
B. That CASA and the industry move towards a national system of accreditation and uniform standards for provision of EMS services in Australia.
C. That CASA investigate reclassification of EMS helicopter operations into charter category, or create a separate EMS category of aviation in order to provide the benefits of increased level of regulation and CASA oversight, than that presently available under the aerial work category.
D. That CASA ensure that appropriate information be provided to pilots on an ongoing basis regarding the issue of spatial disorientation.
E. The Coroner supports CASR draft regulations point 61 and 133 becoming final.
F. That beacons, both visual and radio, be placed on prominent and appropriate high points along routes commonly utilised by aero-medical retrieval teams, including Cape Hillsborough.
NEW SOUTH WALES STATE CORONER’S COURT
FINDING OF CORONER
Section 22 Coroners Act 1980
Inquest held at the State Coroner’s Court sitting at Glebe, on the 25th August
2009 before Deputy State Coroner, Magistrate Paul MacMahon, concerning the death of Colin Pay.
Colin Pay died on 7 December 2007 at Lake Liddell, Muswellbrook. The cause of his death was drowning which occurred following him becoming incapacitated due to closed head and neck injury sustained when the aircraft he was controlling crashed into Lake Liddell whilst testing an experimental water extraction process to be used to assist in fire bombing operations during bush fires.
GIVEN under my hand and seal this 25th August 2009
Magistrate P MacMahon
Deputy State Coroner
Inquest into the death of Colin Pay – 0143/08
Recommendation under s 22A of the Coroners Act 1980
To: The Minister for Infrastructure, Transport, Regional Development and Local Government (Commonwealth).
1. That such action be taken, including the amendment of the Civil Aviation
Regulation if necessary, to require that an applicant for a special Certificate of Airworthiness (Experimental Certificate) provide as part of that application a comprehensive risk identification amd mitigation analysis of the proposed experimental use of the aircraft the subject of the certificate and that such analysis be undertaken in accordance with AS/NZS 4360: 2004 (or other appropriate alternative).
To: The Chief Executive, Civil Aviation Safety Authority
1. That policies and procedures be developed to assist officers of CASA and others responsible for the issue of Special Certificates of Airworthiness (Experimental Certificates) to assist them to identify issues for consideration especially matters relating to safety arising from the use of the aircraft the subject of such certificates.
2. That officers’ of CASA, and others responsible for the issue of Special Certificates of Airworthiness (Experimental Certificates), be required to maintain a record of the decision making process (including matters considered) leading to the issue of such certificates.

________________________________________________________________________

Originally published on 14th April 2012:

Old 14th Apr 2012, 14:48   #63 (permalink)
Join Date: May 2010
Location: More than 300km from SY, Australia
Posts: 781
Ian Harvey and casa – The Coroners Court

Here is more detailed support, remembering by the end of June 2008, in AusTender documents, Ian Harvey had tendered for specialist legal services some $50.000 as follows: 

HARVEY,IAN13749696787 Specialist Legal BarristerFY2007/2008 (GAPS ID: 1691414) Legal services 6-Aug-07 16-Jul-07 30-Jun-08 50,000.00The forward tender quote for Mr. Harvey is some $200 000 for 2011-2012 [see the aus tender docs]

Quote:
Senate Rural and Regional Affairs and Transport Legislation Committee

ANSWERS TO QUESTIONS ON NOTICE
Budget Estimates May 2006
Transport and Regional Services
Question: CASA 15
Division/Agency: Civil Aviation Safety Authority

Topic: Mr Ian Harvey QC
Hansard Page: 39 (23/05/06)
Senator McLucas asked:

Senator McLUCAS—My next question is tangentially related to this issue. Can you tell me what work CASA has employed Mr Ian Harvey QC to undertake over the last, say, five to seven years?
Mr Gemmell—We can. Mr Harvey has done quite a bit of work for CASA. He very commonly represents us. I have come across him representing us in the Federal Court and indeed in coronial inquiries and various things. So he has done quite a bit, be we would have to check all the details of that.
Senator McLUCAS—If you could just give me a list. I hope that is not too difficult to find.
Mr Gemmell—No, we could find that.

Answer:

Over the past 5 years, Mr Ian Harvey QC has appeared for CASA in the following matters:

In the Administrative Appeals Tribunal

• Cole v CASA
• Brazier v CASA
• Aerolink v CASA
• Schutt Flying Academy v CASA
• McWilliam v CASA
• Polar Aviation v CASA
• Mulligan v CASA
• Heavylift v CASA

In the Federal Court

• Layton v CASA
• CASA v Boatman (led by P. Brereton QC)
• Byers v CASA
• McWilliam v CASA (led by R. Tracey QC)
• CASA v Hotop (led by P. Brereton QC)

Coronial Inquests

• Police Air Wing (Western Australia)
• Toowomba (Queensland)
• Hamilton Island (Queensland)

Senate Rural and Regional Affairs and Transport Legislation Committee

ANSWERS TO QUESTIONS ON NOTICE

Budget Estimates May 2006
Transport and Regional Services
Other Court Proceedings
• Sydney Heli-Scenic v CASA (NSW) (led by G. Hilton SC)
Mr Harvey has also provided training for CASA on five occasions.
Senate Rural and Regional Affairs and Transport Legislation Committee
ANSWERS TO QUESTIONS ON NOTICE
Budget Estimates May 2006
Transport and Regional Services
Question: CASA 16
Division/Agency: Civil Aviation Safety Authority

Topic: Mr Ian Harvey QC – CASA’s Preferred Barrister

Hansard Page: 39 (23/05/06)
Senator McLucas asked:
Senator McLUCAS—It would be quite simple to find. Would you describe
Mr Harvey as CASA’s preferred barrister?
Mr Gemmell—No. My understanding is that we have a contractual arrangement with a panel of suppliers who we roll around with. Mr Harvey on occasions would be representing our insurers. It would be a decision about representation coming from both CASA and our insurers, and it depends on who our insurers are. I am not sure the description ‘preferred’ would be correct, but I can check that to see if any part of the contract does indicate that.

Answer:

Mr Ian Harvey QC is one of a small number of barristers with demonstrable experience and expertise in aviation-related matters of the kind in which CASA tends to become involved. In litigation before the courts and before coronial inquests, CASA’s insurers and external solicitors determine who will appear on CASA’s behalf. In many of those cases, Mr Harvey is their choice on the basis of his recognised ability and expertise.
Before the Administrative Appeals Tribunal, CASA’s own in-house counsel appears for CASA in about half of all matters brought. Mr Harvey has appeared in a majority of the remainder of those matters in recent years.
As is customary with barristers, Mr Harvey is self-employed and is engaged on a fixed daily rate in each matter briefed.

Not quite true Mr Gemmell

The question is, how many answers by casa to the Senators are “Not quite true”

Bring on the next Budget Estimates please.

Up-into-the-air is online now Report Post Edit/Delete Message Reply
Old 15th Apr 2012, 21:36   #64 (permalink)
Join Date: Oct 2009
Location: Alabama, then Wyoming, then Idaho and now staying with Kharon on Styx houseboat
Age: 52
Posts: 1,398
Yes indeed the air is thick with the smell of rotting fish and pony poo.
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