Profile Joseph C Wheeler MRAeS. Flydubai Flight FZ981 Boeing , Reg A6-FDN 19 March 2016, Rostov-On-Don

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Prfile Jseph C Wheeler MRAeS Flydubai Flight FZ981 Being 737-800, Reg A6-FDN 19 March 2016, Rstv-On-Dn Jseph Wheeler is the Principal f aviatin and aerspace law firm, Internatinal Aerspace Law and

Educatin and prfessinal summary Jseph is ne f the few pst graduate alumni f the McGill University Institute f Air and Space Law in Canada wh acts predminantly fr claimants and pilts.

1 Prfile Jseph C Wheeler MRAeS Flydubai Flight FZ981 Being , Reg A6-FDN 19 March 2016, Rstv-On-Dn Jseph Wheeler is the Principal f aviatin and aerspace law firm, Internatinal Aerspace Law and Plicy Grup (IALPG) and cnsults t Australia s largest and mst successful plaintiff law firm, Maurice Blackburn Lawyers, leading its Aviatin practice area. Educatin and prfessinal summary Jseph is ne f the few pst graduate alumni f the McGill University Institute f Air and Space Law in Canada wh acts predminantly fr claimants and pilts. He is an elected Member f the Ryal Aernautical Sciety, recgnising his expertise in internatinal air law, and is appinted t the Legal Advisry Grup f the Internatinal Federatin f Airline Pilts Assciatins (IFALPA) in Mntreal. Jseph is the natinal Aviatin Spkespersn f the Australian Lawyers Alliance, the leading scial justice legal prfessinal assciatin in Australia. Jseph has als been an aviatin regulatr fr the Australian Gvernment and was respnsible fr airprt ecnmic regulatin plicy versight and planning and develpment as an Assistant Directr in the Airprts Branch, Canberra frm In this rle he tk liaisn and enfrcement respnsibility fr a number f legal plicy matters including planning and develpment fr all federally leased airprts in the states f Victria and Tasmania. His passin fr aviatin law develped since university, when he learned t fly light aircraft. At that time he was selected t intern at tw majr US plaintiff and airline/defendant firms t develp skills in aviatin litigatin frm bth the claimant and airline perspectives. While interning Jseph assisted in a number f high prfile matters pertaining t the 9/11 litigatin in New Yrk (2001), the Gl Airlines mid air crash in Brazil (2006), American Airlines 587 (2001), and a number f US general aviatin prduct liability accidents (varius years). Jseph has since specialised in internatinal air crash litigatin. IALPG Pty Ltd ABN Franz Rd, Clayfield QLD 4000 AUSTRALIA Telephne: +61 (7) ; Mbile: +61 (0)

Aviatin case experience Jseph has acted fr victims f the wrst air tragedies affecting Australians and citizens f ther natins fr nearly 10 years, which has cntributed t his practical judgment.

2 Aviatin case experience Jseph has acted fr victims f the wrst air tragedies affecting Australians and citizens f ther natins fr nearly 10 years, which has cntributed t his practical judgment. Ntable cases include: the Lckhart River Metrliner crash (2005): this case resulted in the maximum damages available by settlement fr dmestic air crash cases Qantas flight QF72 (2008): this Airbus flight frm Singapre t Perth suffered severe turbulence caused by an aircraft avinic errr passengers suffered a variety f majr injuries and at a previus firm Jseph acted fr a passenger with majr neck and spinal injuries under the Warsaw/Hague Cnventins Air Bagan flight 11(2012): a dmestic Myanmar crash (previusly knwn as Burma) invlved numerus natinality passengers, and I acted fr tw Australian passengers wh survived the crash the claims were negtiated withut the need fr litigatin in Myanmar as ding s wuld have been detrimental t the families La Airlines flight 301 (2013): this dmestic Latian air crash by an ATR aircraft invlved a number f passengers f different natinalities and I advised n settlements fr ne family wh lst tw family members, and initially advised the family f the Captain the insurer s lawyers ffered cmpensatin well abve that which wuld have been btained in a lcal Latian curt Malaysia Airlines flight MH370 (2014): negtiatins are nging in this case, the mst puzzling in aviatin accident histry Jseph represents a grup f Malaysian passengers wh lst their spuses n the flight, and cases have been cmmenced in Malaysian curts Malaysia Airlines flight MH17 (2014): the shting dwn f this passenger jet ver Ukraine has resulted in claimants with rights under a variety f internatinal and dmestic laws Jseph represents a grup f Australian and Dutch claimants wh are presently negtiating finalisatin f their cmpensatin claims Jseph is n the internatinal plaintiffs steering cmmittee tgether with Dutch and British lawyers, which is wrking tgether t negtiate a glbal settlement fr the entire grup f passengers families Page 2

3 Many cmmercial charter air crash cases including skydiving, helicpter, and general aviatin peratrs, under a legal scheme mirrring that f the Warsaw/Mntreal regimes: Examples include: (2014) a Cessna skydiving aircraft crash in Queensland which killed all ccupants and is cnsidered t have been caused by a faulty seat cmpnent manufactured in USA (2013) a Bell helicpter crash in nrthern Queensland which left the passenger with severe spinal injuries successfully settled ut f curt ( ) a variety f Mntreal Cnventin claims against airlines such as Thai, Virgin Australia, Vietnam Airlines, Air China, and Qantas fr minr and serius injuries caused t passengers nbard n dmestic and internatinal flights (2013) cmmercial charter plane crash causing severe spine and neurlgical and psychlgical injuries in Nrthern Territry due t engine failure f aircraft (2011) crash f an amphibius light aircraft in New Suth Wales which resulted in a significant claim against the pilt and Brazilian manufacturer f the aircraft (millins f dllars) Media engagement Jseph s cmments n aviatin accident liability law are recgnised t be f expert status in the regin, and are widely sught by glbal media. He has been regularly interviewed and quted by televisin and print media including the Wall Street Jurnal, Reuters, BBC, the Times f Lndn, Blmberg TV, ABC, AAP, Channel News Asia. He als writes a frtnightly clumn n aviatin regulatry and plicy develpments in The Australian, the largest natinal newspaper, and prvides media plicy and interviewing training fr rganisatins. Cnference presentatins Jseph has brad engagement with internatinal aviatin claims and is ften invited t speak at legal cnferences in Asia Pacific, Eurpe and Nrth America t discuss the mst recent develpments. He has spken at the ICAO Legal Seminar in Seul, Krea, American Bar Assciatin Frum n Air and Space Law in Mntreal, Canada, Aviatin Law Assciatin f Australia and New Zealand annual cnferences in Australia and New Zealand, McGill University aviatin law and space law cnferences./wrkshps in India and Australia, Trans-Pacific Aviatin Law and Plicy cnference in Vancuver, Canada, and will next present this year at the Pan Eurpean Organisatin f Persnal Injury Lawyers Aviatin and Liability cnference in Edinburgh, Sctland in May His experience and netwrk f cntacts develped thrugh cnference speaking and teaching is useful in bringing all claims t reslutin, efficiently and fr the best pssible client utcme. Page 3

4 Published papers ICAO Guidance n Vlcanic Ash: Frm Risk Aversin t Risk Management, Vl XXXVI Annals f Air and Space Law A review f the cmpnents f the ICAO Internatinal Airways Vlcan Watch system and actins by ICAO generally and reginally in Eurpe fllwing the Eyjafjallajökull vlcanic explsivity f April, Air Carrier Liability fr Delay: A Plea t Return t Internatinal Unifrmity, Jurnal f Air Law and Cmmerce July 27, 2012 (c-authred with June Lee), Winter 2012, Vl 77 (N 1). The paper presents legal and pragmatic reasns fr either substantial review, r repeal f, Eurpean Cmmunity Regulatin 261 f 2004 in the cntext f the existing Mntreal Cnventin (1999) regime. Includes discussin f passenger cmpensatin fr air carrier delays, in the cntext f recent cases, cmmentary, regulatry reviews, events (eg, vlcanic ash), and trends in the reasning f the Eurpean Curt f Justice (including the 21 December, 2011 ETS decisin). ICAO Guidance n Vlcanic Ash - the 2012 Psitin Pacific Skies Aviatin Magazine (published by the Secretariat f the Pacific Cmmunity and the Assciatin f Suth Pacific Airlines), December 2012 (c-authred with Andrew Tupper). T ensure the cntinued unifrm safety f internatinal air peratins near r arund vlcanic ash airlines, tgether with the State civil aviatin authrities which versee them, shuld nw cme t terms with the 2012 ICAO Flight Safety and Vlcanic Ash Manual (Dc 9974) and the requirements f vlcanic ash safety risk assessments. Pacific Skies Aviatin Magazine (published by the Secretariat f the Pacific Cmmunity and the Assciatin f Suth Pacific Airlines) December 4, 2013, (c-authred with Flrence Williams-Reur, Vanuatu Gvernment). A brief verview f air passenger liability prvisins and limits in the legislatin f Papua New Guinea, Fiji, Vanuatu and Australia. Enfrcement f Australian Aviatin Law, Precedent, Australian Lawyers Alliance February 1, An examinatin f the Civil Aviatin Safety Authrity's regulatry versight and enfrcement functins in the cntext f Australia's internatinal bligatins. A Study n the Australian Law Regarding RPAS (Remtely Pilted Aircraft System): Need fr an Internatinal Apprach, Krean Jurnal f Air and Space Law December 30, 2015, (cauthred with June Lee). This article surveys the current internatinal law with respect t RPAS frm bth the public air law and private air law perspectives. It then reviews current and prpsed Australian dmestic RPAS regulatin while emphasizing the peculiar risks in peratin f RPAS; and hw they affect cncepts f liability, safety and privacy. While RPAS peratins still cnstitute nly a small prtin f ttal peratins within cmmercial aviatin, internatinal piltless flight fr cmmercial air transprt remains a future reality. As the industry is develping s quickly the earlier the pursuit f the right plicy slutins begins, the better the law will be able t cpe with the technlgical realities when the inevitable risks manifest in accidents. The paper acknwledges that a dmestic r reginal apprach t RPAS, typified by the legislative success f the Australian experience, is and cntinues t be the principal measure t deal with RPAS issues glbally. Creating safety-related rules is imperative and must precede the creatin r adptin f liability rules because the frmer mitigates the risk f accidents which trigger the applicatin f the latter. The flipside f a lack f binding airwrthiness standards fr RPAS peratrs is ptentially a strng argument that the liability regime (and particularly strict liability f peratrs) is unfair and unsuited t piltless flight. The ptential slutins the authrs raise include the need fr revised ICAO Page 4

5 Certificatins guidance and, in particular, SARPs with respect t RPAS air safety, airwrthiness, and ptentially liability issues fr participants/passengers, and thse n the grund. Slicitr f the Supreme Curt f Queensland (Principal practising certificate permitting law firm peratin and management) Slicitr f the High Curt f Australia Barrister and Slicitr f the High Curt f New Zealand Law firm prfiles and backgrund Jseph s aviatin cmpensatin practice is thrugh Maurice Blackburn Lawyers, where he leads the aviatin practice. The firm was funded in 1919 by Maurice Blackburn and is nw Australia s largest plaintiff practice. The firm nly acts fr thse injured r aggrieved, rather than insurers. It nw has ver 50 Partners and ver 1,000 staff acrss 50 ffices in Australia. In 2012, Maurice Blackburn wn the largest class actin settlement in Australian histry, achieving $200 millin in cmpensatin fr Centr sharehlders. This is part f the mre than $1billin the Maurice Blackburn class actin team has wn in the past 15 years fr cnsumers, sharehlders and businesses. Our current cases include fighting n behalf f arund 160,000 peple wh were charged unfair fees by majr banks, and ther class actins n behalf f cnsumers f faulty prducts and aggrieved sharehlders. The firm is the nly ne in Australia t have settled sharehlder class actins at ver $100 millin including Aristcrat $144.5m, Multiplex $110m, Centr $150m, and NAB $115m. Prir t Maurice Blackburn Jseph led the aviatin practice at Shine Lawyers fr tw years ( ). This firm, the nce secnd largest plaintiff natinal firm and which cmmenced in 1976, is a publicly listed cmpany and Jseph built the aviatin practice, leaving in 2015 when he decided t start his wn aviatin specialty practice (IALPG) and wrk with Maurice Blackburn. Cntact infrmatin Jseph C Wheeler MRAeS Special Cunsel, Maurice Blackburn Lawyers A: Level 8, 179 Nrth Quay, Brisbane QLD 4000, Australia T: +61 (7) M: +61 (0) E: jwheeler@mauriceblackburn.cm.au W: peple/lawyers/jseph-wheeler/ See als: Page 5

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