If you have suffered a personal injury or loss due to an incident on an aircraft, you may be entitled to compensation. Airlines operating passenger-carrying aircraft are required by law to hold insurance coverage for such events.
Under Section 28 of the Civil Aviation (Carriers’ Liability) Act 1959 (Cth), airline carriers can be held liable for bodily injury or death sustained by a passenger while onboard the aircraft, or during embarking or disembarking.
You may be eligible to make a claim whether the incident occurred on a domestic flight within Australia or an international flight, provided that Australia was either your point of departure or destination.
Claims must be filed in court within two (2) years of the incident.
Our team of experienced and approachable lawyers is here to guide you through the process and ensure you understand your rights. Contact us today for professional advice tailored to your situation.
Establishing Liability Against Airlines
Domestic Flights (within Australia)
For most injury claims arising on domestic flights, airline liability is governed by Part IV of the Civil Aviation (Carriers’ Liability) Act 1959 (Cth). Under this scheme, airlines are strictly liable for bodily injury or death sustained by a passenger during the course of air carriage – including boarding, disembarking, or while onboard – regardless of fault or negligence.
This means you do not need to prove negligence to be entitled to compensation.
However, if you are pursuing a claim for pure psychological injury (as opposed to a bodily injury), or if the injury occurred outside the scope of “carriage by air” (e.g. in the terminal before boarding), a common law negligence claim may be necessary. In such cases, you must establish that the airline or another party breached a duty of care, and that the breach caused your injury.
Claims under either pathway can be commenced in the Queensland Supreme Court or the Federal Court of Australia, depending on the facts and strategy of the claim.
International Flights
Where an injury occurs during an international flight, or during the processes of embarkation or disembarkation for such a flight, liability is governed by the Montreal Convention 1999, which is incorporated into Australian law via Part IA of the Carriers’ Liability Act.
In these cases, you must prove:
- That an accident occurred – meaning an unexpected or unusual event external to the passenger;
- That the accident caused bodily injury; and
- That the accident happened onboard, or during the process of embarking or disembarking.
You do not need to prove fault. The airline is automatically liable for proven bodily injuries caused by an accident. However, if your losses exceed the Convention’s strict liability threshold (currently around AUD $280,000), the airline can only escape further liability if it proves it was not negligent or that the injury was caused solely by a third party.
Claims for international flights are typically commenced in the Federal Court of Australia.
Frequently Asked Questions
Will you run my claim No Win No Fee?
Yes. Roche Legal offers No Win No Fee representation to everyone with a qualifying claim. Contact us for a free initial consultation. We have offices in Brisbane, Springwood, and the Sunshine Coast.
Do I have a claim for compensation?
If you’ve been injured in an airline or aeroplane incident or it caused the passing of a relative, you may be able to make a claim for compensation against the airline or another organisation.
It will depend on the particular circumstances involved that led to the incident that caused injury and loss.
Usually, the relevant aviation authority instigates an investigation to determine what caused the incident and who or what is to blame. Whilst we do not have to wait for such investigation to occur nor accept any findings before we make a claim on your behalf, it is often prudent to do so as they will bear the cost of the investigation rather than you.
Who Can I bring the claim against?
This depends on who was at fault. A claim can be made against one or more of the following:
- The owner of the airline
- The airline operator
- The manufacturer of the aeroplane or aeroplane parts
- An airport
- The Civil Aviation Safety Authority (CASA) or its international equivalent
What can I claim compensation for?
Claims may only be made in relation to bodily injuries, i.e. physical injuries – not pure psychological injuries. A secondary psychological injury that is tied to a primary bodily injury is able to be included in a claim.
The claimable heads of damage depend upon the bodily injury, loss or damage that you have suffered. Your claim may include damages for:
- Pain and Suffering
- Loss of enjoyment of life
- Economic loss e.g. loss of income and earning capacity
- Medical expenses
To be able to claim for a psychological injury alone:
- For domestic flights, if you allege negligence outside the scope of “carriage by air” (e.g. during boarding but before the flight technically begins), and proceed under Queensland court jurisdiction, you may be able to claim common law damages for psychiatric injury, subject to satisfying usual tort thresholds under the Civil Liability Act 2003 (Qld).
- For international flights, claims for psychological injury alone are not permitted under the Montreal Convention. The Convention only allows compensation for “bodily injury” sustained as a result of an accident onboard the aircraft or during the processes of embarking or disembarking. This means that unless the psychological injury arises directly from a physical injury, it cannot form the basis of a claim. Even where psychiatric symptoms are severe, if there is no accompanying bodily injury, the claim will be barred under the Convention.
Are there any important time limits to bring a claim?
Yes, but it depends up whether the incident involves an international or domestic flight. If international, it will depend upon the particular airline and the country the incident occurred in.
In Australia, Section 34 of the Civil Aviation (Carriers’ Liability) Act 1959 (C’th) requires court proceedings to be filed within two (2) years after the date of arrival of the aircraft at the destination, or, where the aircraft did not arrive at the destination.
This strict time limitation applies Australia-wide, and is shorter than most other claims for personal injury in Queensland.
Who pays me the compensation?
Usually, you will be paid compensation by the insurance company of the airline or aircraft carrier who caused or contributed to the injury or death.
There is also the possibility for additional insurance cover through private travel insurance or life insurance policies.
How much compensation can I claim?
This depends upon your particular circumstances, the nature of your injuries and to what extend they have adversely interfered with your life.
For domestic claims made in negligence against commercial airline carriers, damages are limited to a maximum of $925,000 for injury or death, pursuant to Section 31(1AA) of the Civil Aviation (Carriers’ Liability) Act 1959.
For international flights not involving negligence, the Montreal Convention 1999 limits the amount of damages to 128,821 SDRs (equivalent to $282,117 AUD), unless in negligence can be proven against the airline. There is no cap where negligence is established.
What is a SDR you ask? The SDR is an international reserve asset. The SDR is not a currency, but its value is based on a basket of five currencies – the US dollar, the euro, the Chinese renminbi, the Japanese yen, and the British pound sterling. As at June 2025, the SDR converts to approximately $2.19 AUD.
Additional compensation claimable through private travel insurance or life insurance depends on the cover under the policy.
How long does a claim for compensation take?
To a large extent this depends on the extent of your bodily injuries and the length of your recovery, as well as how proactive your lawyer is. The time it takes for the airline to conduct a proper and thorough investigation can also impact timeframe.
Can I make a claim as a beneficiary or dependant if the injured person has passed away?
Yes. If the incident or accident involved a domestic airline, the Civil Aviation (Carriers’ Liability) Act 1959 and the relevant state and territory fair trading laws apply.