Plain English v Legal parlance.
With much fanfare and Sus_Spence speak – CASA are producing their 'plain English' guides to regulatory compliance. Don't waste your time or money; relying on a 'plain' version may get you into the ball-park but; when push comes to shove – and it will one day, it will be the 'words' writ in law used to decide the outcome. That is how both court and lawyers are bound, no option. Fluffy, windy, wordy 'explanations' are about as much use in court as a chocolate firewall for defence. When it comes to 'black letter' law and 'strict liability' it would be a brave judge indeed who ruled against it.
The court is for law – not justice. Hitch provides an example – Spence gives us 'guides' :-
Hitch – 14/05/21.
"Angel Flight's latest attempt to overturn CASA's restrictions on pilots conducting community service flights has foundered on the rocks of the Federal Court, but that doesn't necessarily mean it can't be salvaged. It's not easy reading the decision as it shows how much the court accepted the submissions of CASA whilst rejecting nearly all those of Angel Flight. It's a disappointing result on a number of levels, not the least of which is that the imposed conditions will stand even though CASA is on record saying they will have almost zero impact. This is a position not easily understood and has done nothing but generate anger, frustration and hostility in the general aviation community. The decision also enshrines CASA's inference that a 350-hour PPL must be more dangerous than a 150-hour CPL and, perhaps more damaging, that CASA is under no obligation to justify its decision to apply conditions on a class of operations. There are several operators who have fallen foul of CASA's reluctance to supply meaningful justification for any decision, not just Angel Flight, and now the courts have confirmed what we've always feared: there are no shackles on CASA, a regulator that has a track record of getting things wrong then hiding behind a barricade of legislated authority. It will always be a struggle trying to overcome the barricade, which is what Angel Flight has discovered over the past few years.
Toot - QED - toot.
With much fanfare and Sus_Spence speak – CASA are producing their 'plain English' guides to regulatory compliance. Don't waste your time or money; relying on a 'plain' version may get you into the ball-park but; when push comes to shove – and it will one day, it will be the 'words' writ in law used to decide the outcome. That is how both court and lawyers are bound, no option. Fluffy, windy, wordy 'explanations' are about as much use in court as a chocolate firewall for defence. When it comes to 'black letter' law and 'strict liability' it would be a brave judge indeed who ruled against it.
The court is for law – not justice. Hitch provides an example – Spence gives us 'guides' :-
Hitch – 14/05/21.
"Angel Flight's latest attempt to overturn CASA's restrictions on pilots conducting community service flights has foundered on the rocks of the Federal Court, but that doesn't necessarily mean it can't be salvaged. It's not easy reading the decision as it shows how much the court accepted the submissions of CASA whilst rejecting nearly all those of Angel Flight. It's a disappointing result on a number of levels, not the least of which is that the imposed conditions will stand even though CASA is on record saying they will have almost zero impact. This is a position not easily understood and has done nothing but generate anger, frustration and hostility in the general aviation community. The decision also enshrines CASA's inference that a 350-hour PPL must be more dangerous than a 150-hour CPL and, perhaps more damaging, that CASA is under no obligation to justify its decision to apply conditions on a class of operations. There are several operators who have fallen foul of CASA's reluctance to supply meaningful justification for any decision, not just Angel Flight, and now the courts have confirmed what we've always feared: there are no shackles on CASA, a regulator that has a track record of getting things wrong then hiding behind a barricade of legislated authority. It will always be a struggle trying to overcome the barricade, which is what Angel Flight has discovered over the past few years.
Toot - QED - toot.