Chernikeeff and Civil Aviation Safety Authority

This matter concerned an appeal by the applicant against a decision by the Civil Aviation Safety Authority (CASA) to cancel his Private Pilot Licence (Aeroplane Category). The dispute arose from allegations that the applicant was not a fit and proper person to hold the licence, and that he had failed in his duties as a pilot, necessitating the cancellation under Civil Aviation Regulation 269(1)(d).

The court was required to determine whether the applicant had failed in his duty with respect to matters affecting the safe navigation or operation of an aircraft, as contemplated by CAR 269(1)(c), and whether he was consequently not a fit and proper person to hold a Private Pilot Licence under CAR 269(1)(d). These two limbs were considered to be intrinsically linked, requiring the application of the same facts and circumstances to both.

The court found that the applicant had indeed failed in his duties in several respects. These included flying without a current Maintenance Release, which was described as grossly irresponsible and a fundamental breach of aviation safety requirements. The applicant also failed to ensure he had a current medical certificate, a basic obligation for any pilot. Furthermore, the court found that the applicant's decision to fly from Temora to Latrobe Valley after his application for a Special Flight Permit had been refused was indefensible and a conscious decision to break the law. His landing on runway 04 at Tooradin contrary to the prevailing circuit direction was also identified as unsafe conduct and a manifest breach of duty.

The court noted that CASA had previously lifted a suspension of the applicant's licence, reminding him that past contraventions would be considered in the event of future breaches. However, subsequent events, including a flight on 21 January 2017, led to CASA's decision to cancel the licence. The court's final orders are not explicitly stated in the provided text, but the reasoning strongly suggests a confirmation of CASA's decision to cancel the licence.