Olga Kubyk is an Associate (Australian qualified) in the Aviation team in London.
Olga’s background is in commercial, regulatory and leasing disputes acting for aircraft owners, lessors, helicopter operators, airlines and aviation insurers. Olga has had experience in disputes concerning aircraft repossession, maintenance, manufacturing, work health and safety, licencing for screening of air cargo, airport slot coordination, aviation accidents and turbulence events. She has had experience in several State jurisdictions in Australia and at all appellate levels. Olga has also run several arbitrations in the Middle East and defended arbitration-related proceedings at the arbitral seat. Olga takes a keen interest in the application of the aviation liability regime to drone operations and has conducted several presentations to members of the drone industry on this and related topics.
Notable cases and experience:
Court-administered
- Evans v Air Canada [2025] HCA 22; 99 ALJR 941 in which the High Court of Australia determined that a term in the airline’s terms and conditions of carriage which read “where the Montreal Convention applies…there are no financial limits in respect of death or bodily injury” was not a waiver of the partial defence in Article 21(2) of the Montreal Convention 1999 pursuant to Article 25 of the Convention (Air Canada v Evans [2024] NSWCA 153; Evans v Air Canada [2023] NSWSC 153522). –
- Kahu NZ Ltd v Aviation Utilities Pty Ltd [No 3] [2024] WASC 347 (on appeal) which concerned issues of termination and repudiation of a contract for the provision of aerial firefighting services in Western Australia
- Wiseway Logistics Pty Ltd and Secretary, Department of Home Affairs [2024] AATA 1033 which concerned a review of an administrative decision of the Department of Home Affairs to revoke and not renew a designation previously held by a publicly-listed freight forwarding company as a regulated air cargo agent which allows screening of air cargo ([2024] FCA 95; [2024] FCA 427; [2024] FCA 463; [2024] AATA 1032).
- Western Freight Management Pty Ltd v Toll Transport Pty Ltd [2024] NSWCA 124 which concerned interpretation of a contract for the provision of freight transportation services (Western Freight Management Pty Ltd v Toll Transport Pty Ltd [2023] NSWDC 176)
- May v Commonwealth [2024] ACTSCA 6 which concerned charges for the alleged breaches of work, health and safety legislation following death of a helicopter Captain in Antarctica during a work posting (May v Helicopter Resources Pty Ltd; May v Commonwealth of Australia [2022] ACTCA 15)
Arbitration
- Confidential DIAC-administered arbitration concerning the rights of an aircraft lessor to the return of aircraft leased to a Libyan-based commercial airline and associated damages
- Confidential DIAC-administered arbitration concerning liability of an aircraft maintenance provider in respect of damage to airframe and engines which occurred during the ferry flight to home base
- Acting for a respondent to an application to set aside an interim arbitration award in a DIAC-administered arbitration in the DIFC
Languages spoken:
- English
- Ukrainian
- Russian