MH17 lawsuit by Australian families against Malaysia airlines restricted

In summer 2016 a class action was filed in Australia against Malaysia Airlines requesting compensation under the Montreal Convention. The lawsuit was started by Cassandra Gibson who is the daughter of Liliane Derden, one of the 298 people who died.

Under the Montreal Convention, airlines must pay damages of up to about 130,000 euros ($145,000) to victims’ families, regardless of the circumstances of a crash.

Sydney-based LHD Lawyers, representing the Australian victims of the disaster, said in 2016  that the option should be left open for offshore family members to join the action, if they are eligible. In a post titled ‘All MH17 Victims could be included in Australian Case‘ published at the LHD website a statement of barrister John Rowe reads :

“There is no case law that I’m aware of that deals with this particular section”

Malaysia Airlines  argues legal action must be brought in the jurisdiction where the airline is based (in this case, Malaysia), where the ticket was bought, the passenger’s destination or where the passenger lived.

At June 23, 2017 an Australian judge decided the court case will be restricted to the survivors of victims who had links to Australia.  Justice Nye Perram  gave permission for the representatives of a limited number of passengers to take part in the action. They can join if a victim bought their ticket in Australia, was flying to Australia or principally lived in Australia. (source )