Australian families take legal action against Malaysia Airlines over MH17 tragedy

MONTHS shy of the two-year anniversary of the MH17 tragedy, seven Australian families are taking legal action against Malaysia Airlines.

SEVEN of the 23 Australian families who lost loved ones when MH17 was shot down over Ukraine, are suing Malaysia Airlines for flying over a known conflict zone.

The families from Queensland, New South Wales and Victoria who don’t wish to be named, lost sons, brothers, husbands, mothers and fathers in the 2014 atrocity that claimed a total of 298 lives.

Under an international law known as the Montreal Convention, they are seeking damages for financial loss and psychological harm suffered in the wake of the tragedy.

Flight MH17 was en route from Amsterdam to Kuala Lumpur on July 17, 2014 when the Boeing 777 was struck by a Russian-made Buk missile.

MORE: MH370 families file $200,000 lawsuit over missing plane

Shell ... The reconstructed MH17 aircraft unveiled at the release of the final Dutch Safety Board report. Pic: Stephen Lock/i-Images

Eight other airlines, including Qantas, made the decision not to use Ukrainian airspace because of the worsening conflict but a number of others continued to fly over the war zone.

The families’ solicitor, Carneys Lawyers’ partner John Dawson, said the final report on the tragedy by the Dutch Safety Board made it clear the risks of flying over Eastern Ukraine were real and easily identifiable on any proper risk assessment.

“In terms of its obligations under international law the airline had responsibilities to its passengers and to their families,” Mr Dawson said.

“A proactive risk assessment should have led to a different decision.”

Although it is hoped an out-of-court settlement can be negotiated between the families and

Malaysia Airlines, statements of claim have been prepared and will be lodged in the Federal

Court of Australia shortly.

Crash site ... Ukrainian rescue servicemen inspect part of the wreckage of MH17 in Rassipnoye, Ukraine. Pic: Rob Stothard/Getty Images

The claims accuse the airline of failing to monitor the situation in Eastern Ukraine in the months leading up to the disaster, and failing to perform its own risk assessment of the worsening conflict.

Under the terms of the Montreal Convention the claims must be brought within two years.

“Had the respondent (Malaysia Airlines) assessed the risks then it would not have used a flight route over the conflict zone,” states the claim.

“The respondent (Malaysia Airlines) failed to warn the passengers of the risks of a route over the conflict zone and/or failed to inform the passengers about the flight route over the conflict zone.”

To date not one claim by an Australian or New Zealand next of kin bereaved by MH17 has been settled and paid by Malaysia Airlines.

Sydney’s Tim Lauschet is also taking action in the Supreme Court of New South Wales, for the loss of his mother Gabriele and psychiatric injury.

Huge loss ... Tim Lauschet was left devastated by the death of his mother Gabriele, in the MH17 tragedy. Pic: News Corp Australia

In a statement, Malaysia Airlines said it was “committed to engaging the next of kin in good faith with regard to ensuring a fair and equitable compensation”.

Carneys’ Lawyers is also acting for two Brisbane families bereaved by the disappearance of MH370.

The adult children of Cathy and Bob Lawton, and Mary and Rodney Burrows are seeking compensation from Malaysia Airlines for failing to prevent the plane flying off course and disappearing.