If you’re injured at a resort overseas, one of the first questions you’ll face is: whose law applies? Is your claim handled in the country where the accident happened — or can you pursue compensation back in Australia? Fortunately, if your trip was booked through an Australian travel provider, chances are your claim will be handled under Australian Consumer Law. Here’s how local and international laws affect overseas resort injury claims.

Which Law Applies to Your Injury Claim?

Injury claims that occur abroad can fall under one of two main legal systems:

• Australian Law (ACL & personal injury law): Applies if your accommodation or holiday package was booked through an Australian travel company.
• Foreign Law: May apply if the booking was made directly with a resort overseas, or the injury occurred outside the package scope (e.g. unsanctioned tours, public locations).

Your right to claim — and the strength of that claim — depends heavily on this distinction. That’s why understanding jurisdiction is crucial.

The Role of Australian Consumer Law (ACL)

The Australian Consumer Law (ACL) gives you powerful protections when services are purchased from an Australian business. If you booked your trip through providers like Flight Centre, Luxury Escapes, Inspiring Vacations, or Wendy Wu Tours, your booking is covered by the ACL.

This means:

• Your provider must ensure services are delivered with due care and skill
• They are responsible for the failures of their suppliers
• You may pursue your claim in Australia, even if the incident happened abroad

To learn more about these rights, visit our
Overseas Travel Injury Lawyers page.

When Foreign Law Might Affect Your Claim

While Australian law often applies, there are cases where foreign law becomes relevant:

• You booked directly with the overseas resort (not through an Australian travel agency)
• Your injury occurred outside the package — e.g. a public beach or self-booked tour
• The claim involves foreign government infrastructure (e.g. airport stairs, local buses)

In these situations, your claim may fall under foreign laws — which can be complex, slow, and expensive. That’s why it’s often better to establish ACL jurisdiction early if possible.

Checklist: How to Maximise Legal Protection When Booking

Case Example: Australian Law vs. Local Law

The Scenario: Julia booked a Bali resort through an Australian company. On day two, she slipped on an unmarked wet tile by the pool and fractured her hip. The resort blamed poor weather and local maintenance issues.

The Legal Action: Carter Capner Law helped Julia file a claim against the Australian travel provider for failing to ensure safe conditions through its supplier. The case was handled entirely in Queensland.

The Outcome: Julia received compensation for medical expenses, pain and suffering, and loss of enjoyment — without needing to sue anyone in Indonesia.

FAQs – Local vs. International Legal Systems

Do I have to sue the hotel overseas?
No. If you booked through an Australian provider, your claim is usually made here under ACL. This is simpler, safer, and faster.

What if I signed a waiver at the resort?
Under Australian law, waivers don’t always protect the provider — especially if negligence is involved.

Can I claim under both Australian law and my insurance?
Yes. Insurance may cover immediate expenses. A legal claim addresses broader losses — like long-term income loss or pain and suffering.

Your Claim Likely Belongs in Australia

Don’t let legal complexity stop you from seeking justice. If your injury occurred during an overseas resort stay booked through an Australian provider, your case will likely fall under Australian Consumer Law — giving you access to local courts, familiar language, and experienced travel injury lawyers.

Contact Carter Capner Law today for a free consultation — or visit our
Overseas Travel Injury Lawyers page to learn more.