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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Warbird and vintage aircraft accidents

Accidents and serious incidents involving warbirds and other vintage and historic aircraft.

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Latest listing 5 Jul 2026
473 in the full feed

Aircraft categories

Aircraft category

REG24-7588 Warbird and vintage
Auster J/2 Arrow

Location

Tharwa, ACT

Operator

Private

Occurrence

Light plane overturns on private airstrip near Tharwa, ACT (4 May 2025)

Listed 4 May 2025 Read report
REGVH-AWG Warbird and vintage
Ryan ST-M/2

Location

Melbourne-Tyabb Airport, VIC

Operator

Not stated

Occurrence

Vintage Ryan aircraft overturns during landing at Melbourne-Tyabb (22 Mar 2025)

Listed 23 Mar 2025 Read report
REGVH-ZYZ Warbird and vintage
Boeing-Stearman A75N1

Location

Shellharbour Airport, NSW

Operator

Not stated

Occurrence

Vintage Boeing-Stearman biplane inverts during landing at Shellharbour (9 Mar 2024)

Listed 1 Jul 2024 Read report
REGVH-POR Warbird and vintage
de Havilland Canada DHC-1 Chipmunk

Location

Jandakot Airport, WA

Operator

Private

Occurrence

Serious injury in de Havilland Chipmunk crash at Jandakot (26 Apr 2024)

Listed 1 Jul 2024 Read report
REGVH-DQJ Warbird and vintage
SIAI-Marchetti S.211

Location

Port Phillip Bay, VIC

Operator

Jetworks Aviation

Occurrence

Midair collision of SIAI-Marchetti S.211 over Port Phillip Bay (19 Nov 2023)

Listed 19 Nov 2023 Read report
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Warbird and vintage aircraft accidents

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Auster J/2 Arrow

Ryan ST-M/2

Boeing-Stearman A75N1

de Havilland Canada DHC-1 Chipmunk

SIAI-Marchetti S.211

Questions about aviation injury claims