IALPG recently made a submission to the Department of Infrastructure, Regional Development and Cities’ (DIRDC) review on liability limits under the Civil Aviation (Carrier’s Liability) Act 1959 (CACL) regime. The firms’ suggestions focused on the impacts of the review to passenger claims under the CACL regime. In our view Australia need not restrict itself to the minimum standard of compensation dictated by any perceived need to comply with international obligations as a party to the Montreal Convention 1999, and its predecessor, the Warsaw Convention 1929.
One specific recommendation put to the Department to consider included to provide for unlimited liability for an Australian international carrier in respect of the death or injury of a passenger; to provide for unlimited liability for a domestic carrier in respect of death or injury of a passenger, and to repeal the entire Air Accidents (Commonwealth Liability) Act 1963 (Cth) – a historical piece of legislation which gave Commonwealth employees additional compensation rights which are now largely unnecessary. Implementing these recommendations will achieve a fairer legal landscape, and is therefore key to keeping travellers’ protections as a high priority in Australian and Internationally.
If you would like to read the IALPG submission, simply email us at firstname.lastname@example.org for a free copy.