23 May 2008

Mr Bruce Byron AM

Chief Executive Officer

Civil Aviation Safety Authority

GPO Box 2005

CANBERRA  ACT  2601

Dear Sir

Dick Smith

Application for CASA Approval

Civil Aviation Regulation 166(4)(a)

We act for Dick Smith.

By letter dated 10 January 2008, our client applied to you for approval under Civil Aviation Regulation 166(4)(a) to land an aircraft to join directly on base, or to conduct a straight in approach of less than 5 miles at a non controlled aerodrome when it is safer to do so.  Our client has not received a response.

By letter of 15 January 2008 addressed to Malcolm Campbell, Team Leader – Flying Operations at CASA, our client renewed his request for such approval.  He has not received a response to that letter.

By letter of 15 April 2008 our client wrote to you requesting an answer to his application. He has not received a response to that letter.

Our client cannot comprehend your failure to respond to his application to land his aircraft in a manner which will not only be a safer procedure but will also be consistent with worldwide aviation practice.

Significantly, you noted in your Directive of 18 June 2007 that:

“Where appropriate, the Aviation Safety Regulations are to be aligned with the standards and practices of leading aviation countries…”

Our client wishes to emphasise that the approval he seeks should be extended to all aircraft for safety reasons and that he does not make the application purely for his own benefit.

CASA has a legal obligation to address our client’s application within a reasonable time, failing which our client would be entitled to apply to the Federal Court of Australia by way of a writ of Mandamus to compel performance of that duty.

We are instructed to request a rely to our client’s application, with reasons, within seven days from this date failing which our client will commence proceedings in the Federal Court of Australia without further notice.  John Griffiths S.C. has been briefed, if necessary, to settle the originating process.

In any such proceedings our client shall rely upon this letter to seek an Order for indemnity costs.

Yours faithfully

Mark O’Brien

Partner