Checklist · Aviation, Drones & Space
Passenger injury claim table: domestic carriage and the Montreal Convention
A table for a claim by a passenger injured on a flight: whether the carriage is domestic under Part IV of the Civil Aviation (Carriers' Liability) Act 1959 or international under the Montreal Convention, and the limit only where a source states one.
- Kind
- Checklist. Steps or checks to work through and tick off.
- Where it applies
- Australia, Commonwealth
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the 3 authorities it cites, for Australia and Commonwealth.
- Version
- 1
- Source
- Written for this library
When to use it
Use when a passenger was injured or killed on a flight to, from or within Australia, to decide which liability statute to open. Do not insert a domestic dollar cap. None was taken from the page opened. Do not use this table for delay, baggage or cargo alone.
Used for these tasks
- Build the claim table for a passenger injured on a domestic flight
- Build the Montreal Convention notice and time-bar table for an air carriage claim
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
AI may fill the flight, ticket and date fields from the booking and the medical summary the lawyer has marked. The lawyer decides which Act applies and any limit. The table does not value the injury.
AI may
- Enter carrier, flight number, date, origin and destination from the ticket
- Mark domestic or international only where the ticket makes that plain, and leave it blank otherwise
- Insert the Montreal injury figure of 151,880 special drawing rights only as the figure the department stated as of 28 December 2024, with that date beside it
AI must not
- Must not write a domestic dollar limit
- Must not describe the injury in words that would go into a statement by the passenger
- Must not calculate general damages
The lawyer checks
- The correct part of the Civil Aviation (Carriers' Liability) Act, and any state Act the department says complements Part IV, has been opened
- The Montreal figure, if used, has been checked against the current revision. The department said the thresholds are revised and then take effect automatically
- A person injured on the ground is considered under the Damage by Aircraft Act 1999, which the department identifies for third-party surface victims
- No notice period is taken from this table. Notice and time limits are read from the Act that applies
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
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- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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