Drones: Risks, Regulations & Liability
Pilot your way through the essential risks, regulations and liabilities causing turbulence in drone law right now. Catch up on the latest developments & risks with drones, data, cyber security and privacy. Master every step of the process when dealing with drone contracts & licences. Examine the latest insurance issues impacting drones. Gain a detailed understanding of how to deal with the areas and sources of liability from drone use. Finally, perfect your tactics when dealing with the Regulator. WEB219N18
Description
Attend and earn 4 CPD units including:
3.5 units in Substantive Law
0.5 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Mark Mackrell, Senior Partner, Norton White; Preeminent Aviation Lawyer, Doyle’s Guide 2021; Best Lawyers 2022, Aviation Law
9.00am to 9.05am Opening Comments by the Chair
DATA, CYBER SECURITY, PRIVACY & IP ISSUES
9.05am to 9.50am On the Radar: Drones, Cyber Security and Privacy
The continued growth in drones and other new aviation technologies around the world is generating a myriad of opportunities and risks – and is also firmly on the radar of the Australian government.
The government released its National Emerging Aviation Technologies Policy Statement as part of the 2021-22 Budget’s Digital Economy Strategy, which followed consultation on its 2020 National Aviation Policy Issues Paper on Emerging Aviation Technologies. The Issues Paper noted in particular that the “cyber threat associated with drones is also becoming more prominent. Both recreational and commercial operators are at risk of unauthorised access of sensitive information, intellectual property and other data if they operate drones on unsecure networks or using unencrypted communication links.”
This session will consider and discuss the cyber security and privacy compliance risks relating to drones and the data collected by drones, including:
- How data is stored and accessed on drones and the relevant legal issues
- Surveillance and privacy liability issues for drone operators
Presented by Helen Clarke, TMT and IP Partner, and Corrs Cyber, Corrs Chambers Westgarth; Member, Queensland Law Society Privacy and Data Law Committee; Member, Lexis Nexis Privacy Law Bulletin Editorial Panel; Preeminent Technology, Media & Telecommunications Lawyer & Leading Intellectual Property Lawyer, Doyle’s Guide 2021
CONTRACTS, INSURANCE & LICENSING
9.50am to 10.35am Issues for Commercial Drone Contracts
- Drone contracts and their aims
- Types of drone contract documents
- Why a properly drafted drone contract is necessary
- A practical guide to navigating the Request for Proposal process
- Identifying & evaluating operators
- The importance of carefully describing the drone services
- Identifying & requesting necessary regulatory documents
- Setting the boundaries of responsibility and liability
- Operator Agreements
- Establishing deliverables, confidentiality, IP & termination provisions
- Legal compliance: clauses regarding approvals, audits, & accident reporting
- Liability limitation: warranties, indemnities, insurance, inspection, maintenance
- Establishing hirer access to manuals, plans and other documents
Presented by Julie Brown, Special Counsel, K&L Gates; Rising Star The Legal 500 Asia Pacific, Transport: Aviation 2021
10.35am to 10.45am Break
LIABILITY
Professional Skills
10.45am to 11.30am Insurance & Liability Risks: A New Dawn, a New Drone in Agriculture
- Overview of agricultural spraying drones and the related risks and insurance issues
- Fires, batteries and being prepared
- Chemical application, bodily injury and property damage
- The cost of drone disruption on aviation safety culture
- Future risks: drone delivery and a look ahead to the potential risks to have on your radar
- Last mile delivery liability
- The COVID safe acceleration to next gen mobility
Presented by Simon Hooper, Head of Product, Precision Autonomy; Board Member, Australian Association for Unmanned Systems; and Former UAV Aviation Underwriter, QBE Insurance
11.30am to 12.15pm Drone Liability: Areas and Sources of Liability
- Areas of liability: Personal Injury; property damage; economic loss; trespass; nuisance
- Sources of liability: strict liability under legislation; in tort (commonly negligence)
- Public safety considerations
Presented by Brendan Lord, Solicitor, Norton White
REGULATORY ISSUES
12.15pm to 1.00pm Drone Regulations & Working with the Regulators
- Overview of drone regulation in different jurisdictions
- Drone registration and licensing in Australia
- Common regulatory issues to have on your radar
- A guide to working with the Regulators
- Tips for effective communication and negotiation
- Preparing applications regarding drone operations and permissions
- Managing drone projects
- Enforcement of drone regulations and penalties
Presented by Rebecca Johnston, Legal Practice Director, Johnston Wheeler; Leading Aviation Lawyer, Chambers & Partners Asia Pacific 2021
1.00pm to 1.10pm Final Q&A and Closing Comments by the Chair
Presenters
Mark Mackrell, Senior Partner, Norton White
Mark Mackrell specialises in aviation matters representing airlines, aviation operators and aviation underwriters. Mark also has extensive experience in Regulatory, Competition and Product Liability issues. Mark was listed in the 2020 Edition of the Best Lawyers in Australia for Aviation Law, Norton White was awarded Excellence in Aviation and Best Commercial Law Firm in 2018 by APAC Insider Legal Awards. Mark was also named International Lawyer of the year for Transport- Aviation Regulatory by Who’s Who Legal in 2016.
Helen Clarke, TMT and IP Partner, and Corrs Cyber, Corrs Chambers Westgarth
Helen is a technology, intellectual property and data privacy specialist, with extensive experience acting for high profile government and corporate clients in a diverse range of industries including health, energy, telecommunications, financial services, education and manufacturing. Helen's legal practice has a focus on digital transformation projects and new technologies, advising clients on projects to replace or upgrade core technology systems and to implement new innovation. She is experienced in major ICT procurement, systems integrations, outsourcing and cloud services, and data privacy. Helen also is one of the lead partners of Corrs Cyber, a rapid-resource multidisciplinary team of data breach management specialists.
Julie Brown, Special Counsel, K&L Gates
Julie Brown is a special counsel based in the Brisbane corporate team of K&L Gates, acting for aviation, tourism and hospitality, and real estate clients. She has over 15 years' experience in working with the owners and operators of various major and regional airports. Julie provides regulatory advice to clients in relation to the operation of airports and has acted on the regulatory and real estate aspects of airport privatisations and commercial partnerships. She also acts in property law matters including due diligence investigations, sales and acquisitions of commercial property, commercial retail and industrial leasing, and property developments. Julie presents to Government, mining companies and other lawyers in relation to the commercial application of drones and the various regulatory and contract issues associated with them. Julie is considered a Rising Star in the Asia-Pacific Legal 500 directory for Transport: Aviation (2021).
Simon Hooper, Head of Product, Precision Autonomy
Once recruited as a pilot by the Royal Australian Air Force, Hooper underwrites general aviation and unmanned aircraft business in Australia, New Zealand, the South Pacific and Asia, and has worked closely with intermediaries and unmanned aircraft operators to develop market-leading unmanned aircraft coverage. Not only has he worked with the Civil Aviation Safety Authority to develop regulations enabling the industry to grow at a safe and steady rate, but he's also forged relationships with several regulators around the world, helping to create industry best practice standards. Hooper was elected to the board of the Australian Association of Unmanned Systems and has presented on unmanned aircraft and their insurance implications at many events in Australia and Singapore.
Brendan Lord, Solicitor, Norton White
Brendan is a solicitor at Norton White in both the litigation and commercial sector. Brendan graduated from Macquarie University with Bachelor of Arts with the degree of Bachelor of Laws (Hons) in 2016. He lectured as a legal researcher before undertaking the Advanced Masters of Air and Space Law at Leiden University, the Netherlands, from 2017-2018, graduating dux of his class with the distinction summa cum laude. Brendan is a published author with articles appearing in the journal of Air & Space Law and wrote the concluding chapter to the book Behind and Beyond the Chicago Convention: The Evolution of Aerial Sovereignty.
Rebecca Johnston, Legal Practice Director, Johnston Wheeler
Rebecca Johnston, has more than a decade of legal experience across all of the firm’s practice areas. Rebecca’s clients include multi-nationals, ASX-listed, large private companies, GTEs and SMEs. She advises boards and business owners on all aspects of corporate and commercial law including mergers and acquisitions, asset sales, general corporate advisory, corporate governance, regulatory and compliance issues. Rebecca has developed a particular niche in Aviation, Transport and Logistics, and advises airlines, airports, drone operators, port authorities, transport and logistics companies and other corporate entities across the full spectrum of legal issues.