Australia

Is there a maximum amount the airline has to pay for injuries on an international flight?

128,821 SDR
Liability cap
A$260,000
Approx. cap in AUD
5 years
Limitation period
Strict liabilit
Up to cap
The Short Answer

Yes, under the Montreal Convention, airlines are strictly liable for proven damages up to 128,821 SDR (about A$260,000) for injuries on international flights.

What the Law Says

Australia applies the Montreal Convention 1999 through the Civil Aviation (Carriers' Liability) Act 1959 (Cth), which gives the Convention the force of law in Australia. The Convention sets strict liability limits for passenger injury or death on international flights.

The Montreal Convention applies to all international carriage by air where the departure and destination points are in two different countries — including when one is Australia — or when a carrier is Australian and the flight originates or ends in Australia.

For bodily injury, the airline is strictly liable for proven damages up to 128,821 Special Drawing Rights (SDR), a currency unit set by the International Monetary Fund. As of 2024, this is approximately A$260,000.

Above that amount, the passenger must prove the airline was negligent or otherwise at fault to recover further compensation.

Claims must be brought within five years from the date of arrival, or from the date the aircraft should have arrived, or from the date the carriage stopped.

Statutory Text

The carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or during any of the operations of embarking or disembarking.

— Montreal Convention 1999, Art. 17(1)
Statutory Text

The carrier is liable for damages not exceeding 128 821 SDR for each passenger, unless it proves that the damage was not due to its negligence or other wrongful act or omission...

— Montreal Convention 1999, Art. 21(1)
Statutory Text

Any action for damages must be brought, at the option of the plaintiff, in the territory of one of the States Parties, either before the court of the domicile of the carrier...

— Montreal Convention 1999, Art. 33(1)

What to Do

1

Confirm your flight was 'international' under the Montreal Convention (e.g., between Australia and another country, or operated by an Australian carrier with international legs).

2

Gather medical reports, witness statements, and evidence linking your injury to the flight (e.g., turbulence incident, boarding injury).

3

Lodge a written claim with the airline within 2 years of the incident (though the legal limitation period is 5 years, early notice helps preserve evidence).

4

If the airline offers less than full proven damages up to 128,821 SDR, seek legal advice — you do not need to prove fault for that amount.

5

File court proceedings in Australia (or another permitted jurisdiction) before the 5-year deadline expires.

Sources

treatyMontreal Convention 1999, Art. 17(1) — Liability for injurytreatyMontreal Convention 1999, Art. 21(1) — Liability limittreatyMontreal Convention 1999, Art. 33(1) — JurisdictionstatuteCivil Aviation (Carriers' Liability) Act 1959 (Cth), s. 5 — Application of Montreal Convention

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.