The Hodgkinson Group: Aviation and Climate Change Advisors

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David Hodgkinson
Jim Anderson
Simon Dawkins
Paul Neylan
Tess Burton
Brett Duthie
Marla Weinstein
Alex Coram
Tommy McFall
Paul Woodburn



David Hodgkinson

David provides public and private sector clients around the world with strategic, operational and regulatory advice in the areas of climate change and aviation.

He is the co-author of Global Climate Change: Australian Law and Policy (LexisNexis/Butterworths, July 2008), editor of Australian Climate Change Law and Policy, and author of Strategies for Airlines on Aircraft Emissions and Climate Change: Sustainable, Long-Term Solutions (2007), as well as other books, papers and articles listed at the Publications page of this site.

David is also Executive Director of EcoCarbon, a not-for-profit association, Associate Professor in the Law School at the University of Western Australia and Special Counsel with national Australian law firm Clayton Utz. He was formerly Director of Legal Services at the International Air Transport Association (IATA), the organisation of the world's international scheduled airlines, based in Montreal and Geneva. At IATA he:

  • Led an industry-wide legal taskforce in relation to the IATA Operational Safety Audit (IOSA), a world-wide, standard operational safety audit for airlines, and acted as counsel to the IOSA Advisory Group
  • Served as chief counsel to the IATA Clearing House (ICH), a multi-billion dollar international banking mechanism through which the world’s airlines conduct financial transactions with each other, and provided advice on the IATA Clearing House Regulations
  • With the ICH, managed on behalf of IATA member airlines, with the assistance of outside counsel, timely payment of debt owed by major international airlines undergoing reorganisation, and managed the conduct of litigation in relation to airline insolvencies in multiple jurisdictions
  • Drafted agreements for Global Navigation Satellite System (GNSS) procedures development services and WGS-84 airport and obstacle surveys in 14 African States and throughout Central America, the former involving amendments to airspace structures to accommodate the GNSS procedures, and drafted memoranda of understanding, service agreements, tender documentation and subcontracts for GNSS operations. This project also involved the drafting and negotiation of agreements between governments, international corporations and international organisations

He holds a Bachelor of Arts degree with First Class Honours, a Bachelor of Laws degree and a Master of Philosophy degree (with a thesis on treaty interpretation). He has taught constitutional law at universities including the Australian National University, and has taught international law and international relations at other Australian universities. He has run the aviation law component of the International Aviation MBA programme at Montreal’s Concordia University.

David is a regular contributor to international aviation publications and has been published in journals including Air & Space Law, the Virginia Journal of International Law, the Loyola of Los Angeles International and Comparative Law Journal and Asia Law. He is a member of the Editorial Board of the World Review of Intermodal Transportation Research and is a contributor to Air & Space Law on aviation developments in Australia and New Zealand.

Earlier in his career he was Senior Legal Research Officer at the High Court of Australia. He is the recipient of an Evans Grawemeyer Fellowship awarded by the Australian Government for research and activities aimed at improving the global order.

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Jim Anderson

Jim Anderson has recently managed an international project for the development of the worldwide IATA Operational Safety Audit (IOSA) programme. He retired from Delta Air Lines in 2001 as Director, Flight Safety after more than 32 years of airline operational experience. His career has been split evenly (due to merger and acquisition) between three major carriers: National, Pan Am (where he was successively B-747/DC-10 Senior Training Captain, Project Coordinator - Flight Training Programs, Director - Airbus Fleet Flight Training Program and then System Director - Flight Training) and Delta where, before being Director, Flight Safety, he was Program Manager/ Chief Instructor Pilot - A-310.

As Director, Flight Safety at Delta, Jim led all Delta flight safety departmental functions and programs, including accident/incident investigation, major accident response, data analysis (including FOQA), Foreign Air Carrier Operational Review (code-share airline audit program) and other flight safety disciplines.

Jim advises on and has direct experience (and, in many cases, formal training or education) in the following operational areas:

  • Quality management systems, quality assurance and quality audit principles and application
  • Safety management systems and system safety principles and application
  • Large project management
  • Worldwide regulatory requirements and compliance
  • Risk management principles and accident prevention strategy
  • Accident and incident investigations, including NTSB and other international major investigations
  • Emergency management and crisis response program development and implementation
  • Human factors theory and application
  • Quality operating manuals and procedures development, including technical writing
  • Flight training program development and instruction
  • FAA surveillance, certification and approval processes, including Air Transport Oversight System (ATOS)
  • Security in airline operations

At various periods during his career Jim has been active as a leader, member, or participant on the Flight Safety Foundation (FSF) International Advisory Committee; the IATA Safety Committee (Steering Committee); the Air Transport Association (ATA) Flight Safety Committee; the FSF/Boeing Controlled Flight into Terrain Working Group; the FSF Approach and Landing Accident Reduction (ALAR) Working Group; the ATA Flight Training Committee; the FAA Air Traffic Control Advisory Committee (ATPAC); and the ALPA Air Traffic Control Committee.

Jim is an ASQ Certified Quality Auditor (CQA).

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Tess Burton

Tess Burton has a background as a human rights lawyer, specialising in native title, and with expertise in migration law.

She held a position as legal adviser at the Yamatji Marlpa Aboriginal Corporation, the native title representative body for the Pilbara and Murchison Gascoygne regions of Western Australia. Her role involved providing advice and assistance to the staff and clients of the Yamatji Marlpa Aboriginal Corporation on a range of legal, policy and strategic matters. Tess has taught university courses on native title law, and provides case-notes and commentary for the LexisNexis Native Title Service.

Tess is currently employed as a researcher for a parliamentary inquiry into the renewable energy industry in Victoria, Australia. She is a contributor to Climate Change Law and Policy in Australia (LexisNexis/Butterworths, 2009), authoring a section on native title and climate change and co-authoring a section on climate change law and policy in Victoria. With David Hodgkinson, Simon Dawkins and Lucy Young, Tess is involved in a project that advocates a convention for persons displaced by climate change. She holds a Bachelor of Arts degree with First Class Honours and a Bachelor of Laws with Distinction from the University of Western Australia.

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Alex Coram

Professor Alex Coram is Professor of Political Economy, Aberdeen Business School, The Robert Gordon University, Scotland, and Professor of Political Science at The University of Western Australia. From 2006 he will hold the Helen Sheridan Chair of Economics at the University of Massachusetts, Amherst.

The focus of Alex’s current research is on strategic choice (game) theory, optimization theory and formal modelling with particular reference to transportation and problems of conflict over resources and resource sharing. Most recently he has concentrated on the problem of analysing large dynamic systems. He also works on problems involving differential games and aviation and climate change.

Alex has also held the following appointments:

  • Visiting Professor, University of Chicago
  • Visiting Professor of Economics, Institute for Advanced Studies, Vienna
  • Simon Visiting Fellow, University of Manchester
  • Fellow, Institute for Advanced Studies in the Humanities, University of Edinburgh
  • Visiting Professor, University of Essex

Additionally, he advises organisations, consultancies, governments and government agencies.

Alex is the author of State Anarchy and Collective Decisions: Some Applications of Game Theory to Political Economy, Palgrave (Macmillan), 2001. He has published over 30 papers in international journals and a number of research papers for governments and government agencies.

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Simon Dawkins

Simon Dawkins is the Managing Director of The Oil Mallee Company of Australia Ltd which has been in the forefront of developing carbon sequestration methodologies and bioenergy programs based on integrated agroforestry programs in the low rainfall areas of WA. These programs have strong environmental and NRM benefits.

Simon is an Economist with an extensive career in public sector management and strategic policy in the Commonwealth, ACT and WA Governments. This experience has included heading up two major performing arts centres. His recent policy experience includes as Director of both the Social and Economic Policy Units in the WA Department of the Premier and Cabinet and extensive work in that Department on climate change and sustainability issues, including work with intergovernmental committees and expert panels.

He headed up the development of EcoCarbon Inc, an independent industry organisation providing advice and training in climate change policy and managed this organisation as a part of the Australian Cooperative Research Centre for Renewable Energy at Murdoch University.

As the WA representative on a national expert committee, Simon was involved in developing the four discussion papers on emissions trading, an authoritative source of information on the workings of the Kyoto mechanisms. He also played an active role in the development of the legislative framework for the development of carbon sinks in WA and later attended UNFCCC Conference (COP 8) as part of the Australian delegation.

Simon has a degree in Economics from UWA, a Graduate Diploma in Education from CCAE (now Canberra University) and a Master of Philosophy from City University in London and is a Fellow of the Australian Institute of Company Directors.

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Brett Duthie

Brett has extensive aviation law experience in the Asia-Pacific region gained through positions as deputy General Counsel at Air New Zealand, Corporate Lawyer with Qantas Airways, and Legal Counsel at Airservices Australia. He has also worked as Legal Adviser to Standard Chartered Bank and as Manager of IT Contracts for Morgan Stanley & Co International Limited in London. Australian Legal Business in 2004 named Brett as one of the top 10 lawyers in New Zealand either in private practice or in-house.

Brett’s corporate and commercial experience is extensive. Major negotiations in which he has participated include:

  • Merger discussions between Air New Zealand and Qantas Airways
  • Contract for acquisition of Airbus A320s by Air New Zealand
  • Joint venture agreement with Pratt & Whitney creating Christchurch Engine Centre
  • EMU compliance consultancy agreement with KPMG
  • Telecommunications agreement (Managed Network Services) with British Telecom

His general commercial advice includes advising Air New Zealand on contractual and liability issues during both integration with Ansett Australia and the voluntary administration of Ansett Australia. He also provides advice on lease agreements, confidentiality (privacy, data protection, freedom of information), internet law (including e-commerce, web-sites and e-mail) and employment law (including industrial tribunals).

Contractual negotiations which Brett has led or participated in include those for aircraft leases and finance agreements, travel services agreements, market data licences, software licences, agreements for maintenance and support of hardware and software, outsourcing agreements, software development agreements and requests for tender. He has also negotiated an outsourcing agreement with Telecom NZ, a desktop services agreement with Gen-I (NZ) and a bespoke software agreement with Royalblue plc for an order driven trading system.

Brett is a solicitor of the Supreme Courts of New South Wales, the Australian Capital Territory and England and Wales; he is also a solicitor of the High Court of New Zealand. He has been a tutor and assessor at the College of Law in Auckland, New Zealand.

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Tommy McFall

With over 30 years of operational and investigative experience in commercial, military, corporate and general aviation, Tommy McFall consults on a variety of aviation matters including accident investigation, development/assessment of proactive safety programs, safety auditing and emergency response planning. His background offers a unique balance of accident investigation work on behalf of the military, an airline and as a National Transportation Safety Board (NTSB) investigator and regional director.

From 1995 to 2003, Tommy was Director of Safety and Environment and then Director of Accident Investigation and Safety Reviews at American Airlines. In those capacities he:

  • Was responsible for major aircraft accident investigations and associated relations with the NTSB and equivalent international civil aviation authorities for emergency response, accident investigation and family assistance
  • Was the on-site team leader managing investigation and family assistance for accidents in Hartford, Connecticut (MD-80/November 1995), Cali, Colombia (B-757/December 1995), Little Rock, Arkansas (MD-80/June 1999), and New York City, New York (A300-600/November 2001)
  • Worked closely with corporate and outside counsel on accident related matters, including two NTSB public hearings
  • Represented American Airlines at the Pentagon following the September 11, 2001 terrorist attacks
  • Took a lead role in development by the Air Transport Association (ATA) of international airline audit standards in cooperation with the US Departments of Transportation (DOT) and Defense (DOD) and the Federal Aviation Administration (FAA)
  • Was a member of the IATA Operational Safety Audit (IOSA) Steering Committee and Advisory Group
  • Was the lead auditor on more than 30 international and domestic codeshare airline safety audits to FAA/ DOT/DOD standards
  • Was the founding chairman of the oneworld Safety Management Group

At the NTSB from 1983 to 1995, Tommy was an aircraft accident investigator for 3 years and a regional director/investigator, South Central Regional Office, for 8 years after 1 year break-in-service from the NTSB as Flight Safety Manager for American Airlines.

Prior to joining the NTSB Tommy was a pilot, flight engineer and FAA-designated check engineer for Braniff Airways. He was also previously an aircraft carrier-based naval aviator (Aviation Safety Training Course, Naval Postgraduate School; shipboard squadron/air wing aviation safety officer; and Training Command Basic and Advanced Jet Flight Instructor) and a corporate jet and air freight pilot.

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Paul Neylan

With over 17 years experience in airline revenue accounting and as a former Manager, Revenue Accounting Operations, with Virgin Atlantic, and principal of Neptune Aviation Revenue Services, Paul Neylan is an internationally recognised airline revenue accounting advisor. Matters on which Paul advises include:

  • Interline agreements and billings
  • Proration
  • IATA Billing and Settlement Plan
  • IATA Clearing House Regulations
  • Airlines Clearing House (ACH) Regulations
  • Revenue accounting manuals, procedures, processes and related documentation
  • Selection of scheduled revenue accounting systems, together with gap analysis and implementation of revenue accounting systems, including staff training
  • Outsourcing and testing of revenue accounting systems
  • Airline bankruptcies and restructurings
  • Analysis of airline frequent flyer programmes
  • Electronic ticketing

Paul’s clients include IATA, Canada 3000, Canadian North Airlines, Air Inuit, Air Namibia and Deloitte & Touche. He has also advised aviation law firms around the world on revenue accounting matters.

In advising such clients Paul specialises in providing cost-effective airline passenger revenue accounting consulting services and on-going support which can remove the need for organisations to retain in-house revenue accounting expertise. In particular, Paul focuses on providing assessments of revenue accounting systems which emphasise cost savings and effective implementation.

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Maria Weinstein

Marla has held positions as Legal Adviser with the International Civil Aviation Organization (ICAO) and as Legal Counsel with IATA.

As part of her mandate with ICAO Marla undertook a comprehensive review of ICAO aviation security conventions in light of new and emerging threats to aviation security and safety. She assisted in the establishment of a financial facility to provide loans and grants for projects aimed at improving aviation safety and in this role drafted rules of procedure, regulations and model agreements. Marla also advised on the creation of an international entity for purposes relating to recent terrorist events.

As Legal Counsel with IATA Marla provided advice to IATA divisions and offices around the world. In addition to providing general commercial law advice she assisted in:

  • Rewriting airline conditions of contract and conditions of carriage ultimately resulting in amendments to (a) IATA Passenger Services Conference Resolution 724, “Passenger Ticket - Notices and Conditions of Contract” and its attachments, “Notice and Conditions of Contract,” “Notice of Baggage Liability Limitations” and “Advice to International Passengers on Limitation of Liability;” and (b) IATA Passenger Services Conference Recommended Practice 1724, “General Conditions of Carriage (Passenger and Baggage)”
  • Organising and participating in the ground-breaking 1995 IATA airline liability conference in Washington, DC which led to the IATA Intercarrier Agreement on Passenger Liability (IIA) and the Agreement on Measures to Implement the IATA Intercarrier Agreement (MIA)
  • Adapting model contracts with clearing banks, data processors, ticket stock printers and storage providers
  • Drafting and negotiating IT, supplier, services and consultancy contracts

Marla holds BCL and LLB degrees from McGill University and a BA, with distinction, from Concordia University. She was called to the Bar in 1992.

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Paul Woodburn

Paul was Director of Safety, IATA, from 2000 to 2003. He has 36 years of flying with British Airways, and 26 years as Captain, concluding with the B777, and an equivalent number of years serving on a variety of aviation industry committees and projects involving all aspects of aircraft design, operations and safety. Paul has a total of 41 years of airline and aviation industry experience.

Paul has made significant and valuable contributions to nearly every advance in airline safety for almost the last 4 decades. Such contributions have involved the design, evaluation, selection and testing of aircraft, aircraft avionics and other equipment. He has also contributed to the development of operational policies and procedures, regulatory requirements and the harmonisation of aviation best practices with airlines and governments across many years including:

  • Since 1977, the design of all Boeing aircraft from the B737-200 Advanced to the B777 and Airbus A320/330/340 aircraft since 1977
  • The establishment of ETOPS
  • Development and implementation of JAR-OPS 1 Regulatory Requirements within Europe from 1989
  • Development and implementation of revised noise abatement procedures within the Noise Abatement Operating Measures Study Group under ICAO CAEP
  • Since 1992, the Flight Safety Foundation (FSF) CFIT and ALAR Safety Initiatives
  • Enhanced GPWS
  • The establishment of an effective Safety Department within IATA, including development of Safety Strategy 2000+, Operational Quality Standards (OQS) audits for new IATA members and the realisation of IATA STEADES
  • Regional Safety Initiatives on an international scale, with the support of the FSF, IATA and other industry safety partners

His most recent contribution was leading the industry development of IOSA.

Paul has been a member of the Association of European Airlines Technical and Operations Committee since 1987 and was its chairman from 1998 to 2000. From 1990 to 2000 he was a member of the UK CAA Operations Advisory and Finance Advisory Committees. Paul has also been a member of the JAA Joint Board Operators (1991-2000), the JAA Joint Steering Assembly (1995 to 2000) and the JAA Joint Safety Strategy Initiative (1998 to 2000). He is a foundation member of the FSF CFIT/ALAR initiative and was chairman of the CFIT/ ALAR Action Group from 1996 to 2003.

He is a Fellow of the Royal Aeronautical Society and a Liveryman of the Guild of Air Pilots and Air Navigators. In 2003 Paul was the recipient of the FSF Admiral Luis de Florez Flight Safety Award.

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