Friday 29th April 2022 from 9am

Wills & Estates Senior Associate Debbie Sage will join Robyn Hyland to talk about the importance of planning for end-of-life care and what options are available.

Are you entitled to compensation when your flight has been delayed?


At present in Australia, passengers are not entitled to compensation when a flight has been delayed however, a European Court of Justice recently made a ruling that travellers are entitled to monetary compensation from their respective airline for lengthy delays of three or more hours, except in the case of ‘extraordinary circumstances’ including natural disasters.

This landmark decision has now opened the floodgates in Europe, and possibly Australia for thousands of claims against airlines which could end up costing millions.

Claims earmarked by the Court of Justice included general airline failures, such as technical faults or a lack of flight crew, airport failures including access and onboard issues. Airlines will still be able to deny payouts where delays are outside their control, such as during bad weather or strikes.

Given the contractual nature of service provided by the airlines to customers, it is logical that when providing a duty of care to the airline customers, any breach of this duty would normally result in a form of compensation.

In Australia, accordingly, surveys found passengers flying on Jetstar over the recent Christmas period were the most likely to be late, while Qantas passengers were most likely to have their planes cancelled.

In Europe, a cap has been imposed of £480 for the compensation ($730 Australia Dollars).

If you believe that you have a genuine claim for compensation, please contact 1800 621 071 or email

Share this article

Charles Lethbridge - Partner - Commercial Litigation

Charles Lethbridge

Commercial Litigation

Contact the author

The contents of this article are considered accurate as at the date of publication. The information contained in this article does not constitute legal advice and is of a general nature only. Readers should seek legal advice about their specific circumstances. 

Brisbane Employment Law

Employment Law Sydney

Gold Coast Employment Law

Defamation Law

Employment Law

Download a Brochure

Please enter your details below and
a link will be emailed to you
Download Form

Compensation Law

Select your state