Delayed and cancelled flights in Australia could trigger generous EU compensation

Aussie passengers are in line for a cash splash after a surprise legal judgment on delayed and cancelled flights. See how it works.

Exclusive: Australians could cash in on local flight delays and cancellations after a shock legal ruling.

A decision by the European Court of Justice has opened the way for travellers to claim compensation from airlines under the more generous European Union scheme – even if their delayed flights don’t happen in Europe.Travellers delayed on the domestic portion of their return journey from Europe — for example the final connection from Sydney to Brisbane — could be entitled to some of their money back, provided the whole journey was booked as a single ticket.

Flight delays and cancellations have frustrated passengers this year. Picture: NCA NewsWire / Nikki Short

Aviation law expert Joseph Wheeler said the court was yet to decide which carrier would be forced to pay – the local connecting airline whose flight was delayed or the European airline the passenger began their journey with.

“Previously, it was thought that only delays within or touching Europe could be compensated, [so] the case has implications for Australians travelling home from European states and suffering delays on domestic legs of their trips home within Australia,” he said.

Mr Wheeler said the judgment showed how small the world of aviation was and there was a need for “broader policy thinking about compensating for delay in a more timely and efficient way”.

Aviation lawyer Joseph Wheeler

Australian Lawyers Alliance (ALA) spokeswoman Victoria Roy said the decision helps Australian passengers.

“Australians travelling to and from Europe have compensation rights under EU law which airlines should uphold without delay,” Ms Roy said.

She said an overhaul of Australia’s compensation rules is needed.

“Rather than Australian passengers having to jump through legal loopholes to get flight delay compensation in the rare instances where it is available, it is time for Australia to have its own flight delay compensation regime.”

Delayed and cancelled flights could see passengers pocketing compensation from airlines.. Picture: NCA NewsWire / Nikki Short

Passenger rights are “archaic” for a country the size of Australia where air travel is essential, she said.

“The consumer protective measures in EU law are a stark contrast to the limited rights in Australia under the Australian Consumer Law. There is an urgent need for Australia to step up and develop a compensation regime that is, at least, equal to the protections offered in so many other jurisdictions.”

In September, News Corp revealed the Albanese Government was open to reviewing Australia’s compensation rules.

A spokeswoman for Infrastructure and Transport Minister Catherine King said it was “evident that there is much customer dissatisfaction with airlines at the moment”.

“The government has committed to delivering an Aviation White Paper to set the scene for the next generation of growth and development across the aviation sector. This process will include the opportunity for public consultation and regulated protections for air passengers may be something considered,” she said.

Qantas and Virgin Australia declined to comment.

Originally published as Delayed and cancelled flights in Australia could trigger generous EU compensation