Any news on Barrier? Minus the drift.
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Cactusjack at Cactusjacks
Some of us lads were knocking back a few Great Northerns Friday night at Cactusjacks and the only update thus far is that the former FNQ RM is back in town for a spell and the portly BNE CASA Crime Investigator has been sniffing around CNS for the past fortnight...otherwise it is business as usual in FNQ - Sun, humidity, backpackers and operators being shut down!
Last edited by Cactusjack; 19th Jan 2013 at 03:56.
Thread Starter
From what i hear most of the Cairns base staff have hung around. My mate didn't say anything about the other bases though. Couldn't blame anyone for leaving, over a month without pay would leave my bank account looking a bit shabby
Ahhh... Slam_click, or someone else who knows, for those of us who don't have any real experience with the Australian Legal System, what does that mean? Has the Judge said that it needs to go to the AAT to be worked out and therefore they are still grounded till they seem them next week on the 22nd?
Why would they have no decided this before this date? Do decisions like this needing a government organisations decision reversed need to go to the court first to decide if it goes to AAT?
Why would they have no decided this before this date? Do decisions like this needing a government organisations decision reversed need to go to the court first to decide if it goes to AAT?
Uh oh...!
Off to the AAT is it. Just remember what happened to J Quadrio. 
CDPP reckoned CASA's case against him not a 'goer'...so no court.
Off to the AAT to get his CPL back...and CASA shovelled a big heap of, and the result is history.
Hopefully there will be a JQ Part the 2 ..with a BIG heap shovelled back.
And the outcome for the taxpayer..MUCH more $$s.
And the benefit to the aviation "safety" case...as usual...ZERO.!!!
You have to hand it to some of those CASA chaps and chapesses..they can sure do a major cock-up!
CDPP reckoned CASA's case against him not a 'goer'...so no court.Off to the AAT to get his CPL back...and CASA shovelled a big heap of, and the result is history.
Hopefully there will be a JQ Part the 2 ..with a BIG heap shovelled back.
And the outcome for the taxpayer..MUCH more $$s.
And the benefit to the aviation "safety" case...as usual...ZERO.!!!
You have to hand it to some of those CASA chaps and chapesses..they can sure do a major cock-up!
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Or......
Maybe CASA got it right. And in the prevailing 6 weeks have been able to ascertain (as much as one could in such a short time frame) the extent of the non-compliance. Some of you blokes must be dreaming if you think for a second that CASA won't have a case strong enough to support the grounding of the 'airline'. I've heard some massive numbers being bandied around with respect to NCN's. And if I was a betting man I'd wager heavily that consideration to the restoration of the AOC will be stalled until each and every one of those NCN's is acquitted.
But that's just a guess......and gambling's a mugs game. The proof will be made public all too soon and I'll be happy to eat my words if I have it wrong.
D:
Maybe CASA got it right. And in the prevailing 6 weeks have been able to ascertain (as much as one could in such a short time frame) the extent of the non-compliance. Some of you blokes must be dreaming if you think for a second that CASA won't have a case strong enough to support the grounding of the 'airline'. I've heard some massive numbers being bandied around with respect to NCN's. And if I was a betting man I'd wager heavily that consideration to the restoration of the AOC will be stalled until each and every one of those NCN's is acquitted.
But that's just a guess......and gambling's a mugs game. The proof will be made public all too soon and I'll be happy to eat my words if I have it wrong.
D:
Thread Starter
From what I hear CAsA tried for a 28 day extension to the grounding and didn't get it. Instead were forced into mediation. 
According to CAsA's tweets they are happy with this, but my mate has said Barrier have been asking for talks with CAsA for a while now with a stern NO being the reply to any such requests. Funny how they're happy to talk, now that they have to.
edit - from the horses mouth
According to CAsA's tweets they are happy with this, but my mate has said Barrier have been asking for talks with CAsA for a while now with a stern NO being the reply to any such requests. Funny how they're happy to talk, now that they have to.edit - from the horses mouth
MEDIA RELEASE
For immediate release - February 15th 2013 (Cairns)
“Judge orders mediation”
In a Federal Court hearing held in Sydney today the Judge has ordered that CASA and Barrier Aviation move to mediation early next week in a step to resolve a number of alleged issues. A second hearing will take place on Friday, 22nd of February in Sydney.
Mr David Kilin, Managing Director of Barrier Aviation explained “we feel that mediation is a major step in the right direction and it is certainly something we have been pushing for since being grounded in December.
The fact that mediation and the follow up Court hearing will take place within seven days is an indication that both parties want to resolve any alleged issues quickly. We applaud this response as the financial strain of being grounded for so long is certainly proving challenging.
That said, we have to look forward. We continue to stand by our 20 year history and safety record and we welcome the opportunity to defend our name and reputation. We remain extremely grateful for the overwhelming support we continue to receive from throughout Cairns, Cape York, Torres Strait and Darwin.”
END
For immediate release - February 15th 2013 (Cairns)
“Judge orders mediation”
In a Federal Court hearing held in Sydney today the Judge has ordered that CASA and Barrier Aviation move to mediation early next week in a step to resolve a number of alleged issues. A second hearing will take place on Friday, 22nd of February in Sydney.
Mr David Kilin, Managing Director of Barrier Aviation explained “we feel that mediation is a major step in the right direction and it is certainly something we have been pushing for since being grounded in December.
The fact that mediation and the follow up Court hearing will take place within seven days is an indication that both parties want to resolve any alleged issues quickly. We applaud this response as the financial strain of being grounded for so long is certainly proving challenging.
That said, we have to look forward. We continue to stand by our 20 year history and safety record and we welcome the opportunity to defend our name and reputation. We remain extremely grateful for the overwhelming support we continue to receive from throughout Cairns, Cape York, Torres Strait and Darwin.”
END
Last edited by anothertwit; 15th Feb 2013 at 06:43.
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Defenstrator,
I think you've got it wrong, today was CASAs big chance to present evidence and witnesses, yet it would appear they didn't, why is that do you think? .
They went to court, the magistate apparently did not issue CASA another 28 days, why is that do you think? .
Apparently ordered to mediation, why is that do you think?.
If you get caught doing 80 in a school zone, would the court order you into mediation with the police service? .
Model litigator...........
I think you've got it wrong, today was CASAs big chance to present evidence and witnesses, yet it would appear they didn't, why is that do you think? .
They went to court, the magistate apparently did not issue CASA another 28 days, why is that do you think? .
Apparently ordered to mediation, why is that do you think?.
If you get caught doing 80 in a school zone, would the court order you into mediation with the police service? .
Model litigator...........
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Josh,
Unfortunately, it's not as black and white as being caught doing 80 in a school zone. Barriers solicitor alluded to the fact that CASA had concerns about the safety of the Horn Island operation. CASA's initial media release stated:
"CASA has evidence of Barrier Aviation directing pilots to fly with serious and known aircraft defects, as well as not recording those defects on aircraft maintenance documentation when the defects became known."
Rumor has it this evidence was in the form of a snag book (let's not get into a debate about the legalities of this - its not legal!). CASA look at this, then the MR and soon work out what's going on. This warrants further investigation, and when considering the potential safety risks from letting barrier fly with evidence of "serious and known defects", they had no choice. One must cover ones own arse, and CASA are good at that.
This evidence however is not the smoking gun. In order to prove the alleged occurred, it requires further investigation. Just let the investigation take its course, all will be revealed.
Dash
Unfortunately, it's not as black and white as being caught doing 80 in a school zone. Barriers solicitor alluded to the fact that CASA had concerns about the safety of the Horn Island operation. CASA's initial media release stated:
"CASA has evidence of Barrier Aviation directing pilots to fly with serious and known aircraft defects, as well as not recording those defects on aircraft maintenance documentation when the defects became known."
Rumor has it this evidence was in the form of a snag book (let's not get into a debate about the legalities of this - its not legal!). CASA look at this, then the MR and soon work out what's going on. This warrants further investigation, and when considering the potential safety risks from letting barrier fly with evidence of "serious and known defects", they had no choice. One must cover ones own arse, and CASA are good at that.
This evidence however is not the smoking gun. In order to prove the alleged occurred, it requires further investigation. Just let the investigation take its course, all will be revealed.
Dash
Last edited by Dash 42; 15th Feb 2013 at 12:22. Reason: Grammar
6 weeks...
a short time frame.? How much paperwork is there?. If there's mobs, then overtime is 'go', or lay on extra staff.
And there's that mantra, they so often trot out..under-staffed and "overworked"
Well might they have some serious poo on Barrier, and you can rest assured that they will be looking for every un-dotted i and un-crossed t, however trival, to build up the Hit file.
As for the extra 28 days, thats for more financial nails to drive into the Barrier coffin.
Remember..this is an outfit that does NOT play by Queensbury Rules.
Local historical example ..had 119 charges on operator xxx, got busted on five, minimal fines and a 2 year good behaviour bond.!
Bloody courts!
And there's that mantra, they so often trot out..under-staffed and "overworked"
Well might they have some serious poo on Barrier, and you can rest assured that they will be looking for every un-dotted i and un-crossed t, however trival, to build up the Hit file.
As for the extra 28 days, thats for more financial nails to drive into the Barrier coffin.
Remember..this is an outfit that does NOT play by Queensbury Rules.
Local historical example ..had 119 charges on operator xxx, got busted on five, minimal fines and a 2 year good behaviour bond.!
Bloody courts!
Directions hearing today?
So any word on how the AAT mediation conference went...the directions hearing is listed this morning so I suppose we'll be hearing soon the outcome of mediation 
or 
:
Lets hope for a positive outcome for DK and his crew!
or :
Justice Rares Court Room 19E
9:00 AM First Directions
1 (P)NSD28/2013 TAX PRACTITIONERS BOARD v MARK ANTHONY SHANAHAN
9:00 AM Directions
2 (P)NSD2240/2012 CIVIL AVIATION SAFETY AUTHORITY v BARRIER AVIATION PTY LTD ACN 056 643 531
3 (P)QUD334/2012 STANDARD BANK PLC v MITCHELL BALL AS LIQUIDATOR OF MUSTANG MARINE AUSTRALIA SERVICES PTY LTD (IN LIQUIDATION)
4 (P)NSD26/2013 INTERNATIONAL BUNKER SERVICES K.K v THE SHIP HAI SHI
5 (P)NSD2170/2012 PATRICK BYRNE v MLC LIMITED ABN 90 000 000 402
6 (P)NSD453/2012 IAN MATHIESON v DST GLOBAL SOLUTIONS PTY LTD
9:00 AM First Directions
1 (P)NSD28/2013 TAX PRACTITIONERS BOARD v MARK ANTHONY SHANAHAN
9:00 AM Directions
2 (P)NSD2240/2012 CIVIL AVIATION SAFETY AUTHORITY v BARRIER AVIATION PTY LTD ACN 056 643 531
3 (P)QUD334/2012 STANDARD BANK PLC v MITCHELL BALL AS LIQUIDATOR OF MUSTANG MARINE AUSTRALIA SERVICES PTY LTD (IN LIQUIDATION)
4 (P)NSD26/2013 INTERNATIONAL BUNKER SERVICES K.K v THE SHIP HAI SHI
5 (P)NSD2170/2012 PATRICK BYRNE v MLC LIMITED ABN 90 000 000 402
6 (P)NSD453/2012 IAN MATHIESON v DST GLOBAL SOLUTIONS PTY LTD
One BN-2a-26 Islander listed 'For Sale' in Feb. edition of 'Aviation Trader'...
ex Mareeba....along with an Aztruk,
Any connection with current 'financials', or just co-incidence I wonder..?
Hope you Guys & Gals 'come out OK'...
Cheers, and Gooood Luck...
ex Mareeba....along with an Aztruk,
Any connection with current 'financials', or just co-incidence I wonder..?
Hope you Guys & Gals 'come out OK'...
Cheers, and Gooood Luck...
Last edited by Ex FSO GRIFFO; 22nd Feb 2013 at 07:15.
