Who can be held liable if I'm injured in an aviation accident?

Depending on the circumstances, liability may rest with the airline or air carrier, the aircraft operator, a maintenance provider, a manufacturer of defective aircraft parts, or another party whose negligence contributed to the accident. For most passenger flights, the operating carrier is the primary party responsible under the applicable carriers' liability regime. Establishing who is legally responsible requires investigating how and why the accident occurred.

Do I have to prove the airline was negligent to make a claim?

For international passenger carriage governed by the Montreal Convention 1999, you generally do not need to prove airline fault for bodily injury caused by an accident on board or during embarking or disembarking, up to the first-tier threshold. Above it, the carrier can avoid liability by proving no fault by the carrier, its servants or agents, or that the damage was caused solely by a third party’s fault. Passenger contributory negligence may reduce recovery in either tier. Domestic carriage follows separate rules and limits.

Is there a time limit for making an aviation injury claim?

Yes, and it is strict. Under both the Montreal Convention (Article 35) and the Civil Aviation (Carriers' Liability) Act 1959, court proceedings must generally be commenced within two years of the date the aircraft arrived, or ought to have arrived, at its destination. Missing this deadline can permanently extinguish your right to compensation, so it is important to seek advice early.

Does the same law apply to domestic and international flights?

No. International carriage to or from Australia is governed by the Montreal Convention 1999, given effect through the Civil Aviation (Carriers' Liability) Act 1959. Domestic flights within Australia are covered by the domestic provisions of that Act and complementary state legislation. Both regimes apply strict liability and a two-year time limit, but the liability limits and some details differ.

What compensation can I recover after an aviation accident?

Compensation may include damages for your injuries, past and future medical and rehabilitation costs, loss of past and future income or earning capacity, care and assistance, and out-of-pocket expenses. Where a passenger has died, dependants may be able to claim. The carriers' liability regime sets thresholds and, for some claims, statutory limits on the amount recoverable.

What should I do after being injured in an aviation accident?

Seek medical attention promptly and keep records of your treatment and expenses. Report the incident and retain your ticket, booking details and any correspondence. Because strict two-year time limits apply and aviation claims are legally complex, obtain advice from an experienced aviation injury lawyer as soon as possible. You can call Carter Capner Law on 1300 529 529.

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Airline accidents and incidents

Accidents and serious incidents on airline flights in Australia and overseas, from severe turbulence to ground collisions.

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Latest listing 1 Nov 2026
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Aircraft category

REGVH-VQW Airline
Airbus A320-232

Location

Karratha Airport, WA

Operator

QantasLink, operated by Network Aviation

Occurrence

QantasLink Airbus A320 engine incident at Karratha Airport (1 Nov 2026)

Listed 1 Nov 2026 Read report
REGA6-EXQ Airline
Airbus A350-941

Location

Near Ceduna, SA

Operator

Emirates

Occurrence

(12 Oct 2026)

Listed 12 Oct 2026 Read report
REGVH-VGQ Airline
Airbus A320-232

Location

Townsville, QLD

Operator

Jetstar Airways

Occurrence

(7 Oct 2026)

Listed 7 Oct 2026 Read report
REGVH-VOL Airline
Boeing 737-8FE (WL)

Location

Canberra, ACT

Operator

Virgin Australia Airlines

Occurrence

(4 Oct 2026)

Listed 4 Oct 2026 Read report
REG23-8793 / VH-QQF Airline
Aeroprakt A-22LS Kelpie / de Havilland DHC-8-102

Location

Townsville, QLD

Operator

Aeroprakt operator not specified / Skytrans Australia

Occurrence

(1 Oct 2026)

Listed 1 Oct 2026 Read report
REGVH-X4A Airline
Airbus A220-300

Location

Townsville, QLD

Operator

National Jet Systems (QantasLink)

Occurrence

(23 Sep 2026)

Listed 23 Sep 2026 Read report
REGVH-VFD Airline
Airbus A320-232

Location

Townsville, QLD

Operator

Jetstar Airways

Occurrence

Jetstar Airbus A320 Rejects Take-Off (5 Sep 2026)

Listed 5 Sep 2026 Read report
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Liability, time limits, domestic and international flights, and what to do after an accident. General information only, not legal advice.

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Airline accidents and incidents

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Airbus A320-232

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Aeroprakt A-22LS Kelpie / de Havilland DHC-8-102

Airbus A220-300

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Questions about aviation injury claims