23 May 2008

The Honourable Anthony Albanese MP

Minister for Infrastructure, Transport,

Regional Development and Local Government

Member for Grayndler (NSW)

PO Box 6022

Parliament House

CANBERRA  ACT  2600

Dear Sir

Dick Smith & Airservices Australia

We act for Dick Smith and refer to our letter to you of 22 April 2008, to which we have not received a reply.

Your refusal to provide our client with notice of any intention to withdraw the Ministerial Directive for Radar to be used in Class C airspace will be relied upon as grounds for an urgent hearing of an application to the Federal Court for an Order of Review pursuant to Section 6 of the Administrative Decisions (Judicial Review) Act 1977, if in fact you act to withdraw the Directive.

Our client will continue to monitor any move to withdraw the Directive and Senior Counsel has been briefed if such proceedings are necessary.

Yours faithfully

Mark O’Brien

Partner