---
title: "Montreal Convention notice of complaint and claim letter to an air carrier (baggage, cargo or delay)"
url: "https://ailawframework.com/precedents/aviation-drones-and-space/montreal-convention-notice-of-complaint-and-claim-letter"
type: "precedent"
site: "AI Law Framework"
id: "a60-montreal-convention-notice-of-complaint-and-claim-letter"
area_id: "A60"
kind: "letter"
ai_level: "yellow"
version: 1
task_ids: ["A60-N20261018-5", "A60-N20261018-4"]
law_stated_as_at: "2026-10-18"
---

# Montreal Convention notice of complaint and claim letter to an air carrier (baggage, cargo or delay)

> Written complaint and claim to an air carrier under the 1999 Montreal Convention as enacted in Sch 1A of the Civil Aviation (Carriers’ Liability) Act 1959: the Art 31 complaint windows (7, 14 and 21 days), the Art 35…

Canonical page: https://ailawframework.com/precedents/aviation-drones-and-space/montreal-convention-notice-of-complaint-and-claim-letter  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

Written complaint and claim to an air carrier under the 1999 Montreal Convention as enacted in Sch 1A of the Civil Aviation (Carriers’ Liability) Act 1959: the Art 31 complaint windows (7, 14 and 21 days), the Art 35 two-year limit, and a time-bar table.

## Key facts

- Kind: Letter. A letter or email you adapt and send.
- Practice area: [Aviation, Drones & Space](https://ailawframework.com/precedents/aviation-drones-and-space.md)
- Jurisdictions: Australia, Commonwealth, International / cross-border
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the 4 authorities it cites, for Australia, Commonwealth and International / cross-border.

## When to use it

Use for international carriage by air to which the Montreal Convention applies, when checked baggage or cargo is damaged, lost or delayed or a passenger is delayed. Send the Art 31 complaint first and fast; the claim can follow. For domestic carriage, or carriage under another convention, check Parts II to IV of the Act instead. Personal injury claims need separate advice.

## Used for these tasks

- [Prepare the Montreal Convention claim against an air carrier for baggage, cargo or delay](https://ailawframework.com/practice/aviation-drones-and-space.md#A60-N20261018-5)
- [Build the Montreal Convention notice and time-bar table for an air carriage claim](https://ailawframework.com/practice/aviation-drones-and-space.md#A60-N20261018-4)

## How AI may be used

AI may extract flight, booking and receipt dates from the documents, calculate the Art 31 and Art 35 dates and fill the letter; the lawyer confirms the Convention applies, checks every date against the documents and settles the amount and basis of the claim.

**AI may:**

- Extract the booking reference, flight numbers, dates of arrival and of receipt of baggage or cargo, and the property irregularity report number from the documents
- Calculate the Art 31 complaint deadline and the Art 35 two-year date and flag any already passed
- Assemble the schedule of loss from receipts and valuations the client provides

**AI must not:**

- Must not decide whether the Montreal Convention, another convention or domestic law governs the carriage
- Must not state the applicable liability limit in SDRs without the lawyer checking the current revised figure
- Must not describe the damage or loss beyond what the client’s evidence shows

**The lawyer checks:**

- The carriage is international carriage to which the Montreal Convention applies, with the places of departure and destination checked against the ticket or air waybill
- The written complaint is sent within the Art 31(2) window that applies, by a method that proves when it was given or dispatched
- The Art 35 date is diarised and proceedings are filed in an Art 33 forum before it, regardless of negotiations
- The claim amount, any special declaration of interest and the Art 22 limit are checked before the claim is put

## Authorities

- [Civil Aviation (Carriers’ Liability) Act 1959 (Cth) Pt IA, s 9B (the 1999 Montreal Convention has the force of law) and Sch 1A (text of the Convention)](https://www.legislation.gov.au/C1959A00002/latest/text)
- [Montreal Convention 1999, Art 31 (timely notice of complaints: in writing; damage to checked baggage within 7 days and cargo within 14 days of receipt; delay within 21 days of being placed at the person’s disposal; no action otherwise, save fraud)](https://www.legislation.gov.au/C1959A00002/latest/text)
- [Montreal Convention 1999, Art 35 (right to damages extinguished unless action brought within two years of arrival, scheduled arrival or the date carriage stopped)](https://www.legislation.gov.au/C1959A00002/latest/text)
- [Montreal Convention 1999, Arts 17, 18, 19, 22 and 33 (baggage, cargo and delay liability; limits of liability; jurisdiction)](https://www.legislation.gov.au/C1959A00002/latest/text)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/aviation-drones-and-space/montreal-convention-notice-of-complaint-and-claim-letter and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*