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.

Aviation incident feed

Aircraft category

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 5 Sep 2026
473 in the full feed

Aircraft categories

Aircraft category

REGVH-OFS Airline
Airbus A321-251NX

Location

Near Sydney, NSW

Operator

Jetstar Airways

Occurrence

Airbus A321-251NX Uncommanded Climb During Approach (10 Aug 2026)

Listed 10 Aug 2026 Read report
REGVH-IJQ Airline
Boeing 737-8SA (WL)

Location

Sydney Airport, NSW

Operator

Virgin Australia Airlines

Occurrence

Virgin Australia Boeing 737-8SA Runway Incursion (9 Aug 2026)

Listed 9 Aug 2026 Read report
REGVH-XZH Airline
Boeing 737-838 (WL)

Location

Sydney Airport, NSW

Operator

Qantas

Occurrence

Qantas Boeing 737-838 Runway Incursion (9 Aug 2026)

Listed 9 Aug 2026 Read report
REGVH-VQJ Airline
Airbus A320-232

Location

Sydney Airport, NSW

Operator

Jetstar Airways

Occurrence

Airbus A320-232 Near Collision During Taxi (8 Aug 2026)

Listed 8 Aug 2026 Read report
REGVH-QOC Airline
Bombardier DHC-8-402Q Dash 8

Location

Sydney Airport, NSW

Operator

QantasLink

Occurrence

QantasLink Bombardier DHC-8-402Q Dash 8 Involved in Runway Incursion (27 Jul 2026)

Listed 27 Jul 2026 Read report
REGVH-XZG Airline
Boeing 737-838 (WL)

Location

Sydney, NSW

Operator

Qantas

Occurrence

Boeing 737-838 (WL) serious incident (27 Jul 2026)

Listed 27 Jul 2026 Read report
REGVH-EBO Airline
Airbus A330-202

Location

Brisbane, QLD

Operator

Qantas

Occurrence

Airbus A330-202 incident (12 Jul 2026)

Listed 12 Jul 2026 Read report
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Questions about aviation injury claims

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Airbus A321-251NX

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Questions about aviation injury claims