WA air operator sues CASA and officials
Western Australian charter and flying school operator Polar Aviation and its managing director Clark Butson have lodged a Statement of Claim in the Federal Court in Melbourne seeking damages from the Civil Aviation Safety Authority (CASA) and six of its officials and former officials.
In a Statement filed on April 30, the applicants detail a range of alleged breaches of CASA’s and its officials’ obligations under the Commonwealth Authorities and Companies Act 1997 (the CAC Act) and other legislation.
They say the adverse actions began after a heated technical argument between Butson and a CASA official during a routine audit, over operational issues including CASA requirements as to asymmetric flying training procedures. They claim that the subsequent alleged harassment took many forms including officials’ failure to exercise their powers and functions in accordance with the provisions if the Civil Aviation Act, the Civil Aviation Regulations and Orders, the Civil Aviation Safety Regulations and the CAC Act.
Officials named as respondents are Terence Farquharson, now Deputy Director of Aviation Safety, Garry Presneill, formerly a Flying Operations Inspector at the CASA West Office; Robert Collins (now retired), who was then CASA Group General manager of General Aviation Operations; Jim Marcolin, now with CASA Operations in Sydney; Peter John, CASA operations – Eastern; and Alan Cook, former Operations Manager of CASA’s General Aviation Group, who has since left CASA.
Polar Aviation complains that it was flooded with “requests for corrective action” and “show cause notices” from various of the named officials, to all of which it responded, although many of the notices reiterated matters from previous notices that had already been acquitted.
The issue was escalated by a seventh notice on January 14 which cancelled the company’s flying school Air Operator Certificate (AOC) and Butson’s Chief Flying Instructor approval, and revoked his Chief Pilot and approved testing officer (ATO) approvals.
The Statement says: “The Cancellation of Butson’s Chief Pilot Approval and the revocation of Butson’s Chief Flying Instructor Approval immediately prevented Polar Aviation from carrying out any commercial flying operations; immediately prevented the Polar Aviation Flying School from operating; caused the immediate shut down of Polar Aviation’s business; and constituted a breach of the duties set out [elsewhere in the complaint.]
The Statement claims the actions of the respondents:
- “constitute a persistent attack on Polar Aviation’s capacity to carry out its flying operations;
- evidence a discriminatory approach to Polar Aviation and Butson;
- evidence a willingness and intent by the respondents to act outside their authority;
- evidence a willingness and intent by the respondents to act contrary to the provisions of the Act, and their obligations and duties under the provisions of the CAC Act;
- evidence an intent by the respondents, acting outside their authority, to injure the applicants or, alternatively, evidence a reckless indifference as to whether such acts outside their authority would or would not injure the applicants.”
The applicants say that Polar’s flying school was out of operation for a two and a half years which adversely affected the business, morale, goodwill and reputation of Polar Air and Butson, resulted in the loss of profitable contracts, and caused lost income to Butson. It also details various actions of the six officials which it asserts comprise misfeasance in public office.
A similar statement has been filed in the Federal Court in Perth by WA pilot Gerald Repacholi and his company Repacholi Aviation, involving some of the Polar Air respondents. At least three other aggrieved aviation businesses are understood to be preparing similar claims.
The only reasonable thing for CASA to do is stand down Mr Farquharson until this matter is resolved. He is now in a senior position and must be responsible for his actions.
It’s about time those cretins at CASA were held accountable in the courts. A victory for Mr. Butson [and the other complainants with cases pending] will benefit the whole aviation community in Australia; at least it would if CASA finally realises that it simply can not treat people in the way that it has been, and starts working FOR aviation and FOR aviators in Australia – something CASA hasn’t really done for sometime.
The very best of luck to you Mr. Butson, let’s hope this is the end of a very long and arduous road you have been forced down, and that you get the compensation you so rightly deserve.
I was Fortunate to have been a part of Polar before the Dirty Tactics of CASA had Surfaced.
I Feel it necessary to Thank Clark and his Professional Operation in which he ran, which took an Inexperienced Aero Club Pilot, who thought he was a Pilot, and within 2 1/2 years, build the foundations of which would allow me to be the best 777 Pilot I could be working for a Reputable Airline in Hong Kong.
I will not say that my Career was not affected by the dirty tactics of CASA, I would be lying, I have seen how they can Personally Target GA Operators, I believe that their day of Recognising their Bad Judgement is fast Approaching.
Any Pilot who was fortunate to endure the tough ask of Living Remotely and Flying Remotely, will agree that the foundations of their career were laid here. To Do this in a Safe and Productive Manner is a Bonus.
I use these on a Daily Basis with Cathay Pacific, It makes me fulfil the Requirements that the Airline Expects of me.
Clark, you have the support from Many who have worked for you before who have gone on to become the Professional Pilot they dream’t of being, You deserve the truth, you have earn’t it.
F/O B777
Dear Mr Casa,
Comparatively speaking, you might feel that you have an upper hand considering the size of your organisation and the fact that you hold a monopoly in your sector, but if I may offer some advice, considering I have known the plaintiff for a lot of years, he screws back with unwavering tenacity.
Mr Butson has been in the industry for allot of years while many have come and gone, simply due to the fact that he is in it for the long term. The slow growth of Polar, over the years, can only speak of one thing, his integrity and the importance he places on safety before profit.
In comparison, it begs me to wonder if QANTAS along with other large airlines in OZ received as much scrutiny, harasment and show cause notices over the past 10 years for all their so called “near misses”?????
I feel that this time, Mr Casa, you’ve chosen the wrong horse to flog, I hope you have the cahoonies to see it through, as I know he does.
Stand proud Charlie Bravo and may your anvil cast a shadow over Canberra!!! Good Luck!!!