Five women seeking compensation from Qatar Airways are about to return to court for the 21st time

A case brought by five Australian women against Qatar Airways has cast a spotlight on the international carrier as debate rages over air rights.

Inside the Hamad International Airport at Doha, Qatar.

Five women pursuing Qatar Airways for compensation over a shocking incident at Hamad International Airport in late 2020, will return to court for the 21st time on Friday in their bid for justice.

The five were among 26 Australian women removed from a Qatar Airways flight in Doha on October 2, 2020, and forced to undergo internal examinations after a newborn baby was found abandoned in an airport rubbish bin.

Marque Lawyers’ Damian Sturzaker, who is representing the women, said they were yet to receive so much as an apology for their treatment after numerous letters to Qatar state, and the airline.

Most letters went unanswered, while a few received “cursory, dismissive responses,” he said.

Qatar Airways had now filed a “strike out application” in an effort to try to make the case go away, while the state of Qatar was claiming foreign state immunity in the matter.

Friday’s hearing was an attempt to obtain the records of the airport-based medical centre, which supplied the nurses who carried out the forced examinations.

Mr Sturzaker said it would be their 21st time in court since proceedings began close to a year ago.

“It’s complex and expensive litigation the women are undertaking to try to obtain compensation and a formal apology from Qatar,” he said.

“There are also proceedings relating to legitimate human rights concerns, before the OECD (Organisation for Economic Co-operation and Development)”.

It was a letter to the woman from federal Transport Minister Catherine King that revealed the government had decided to deny Qatar Airways’ additional bilateral air rights.

Responding to their concerns about the airline’s behaviour and request for more flights, Ms King said the women’s experience “remained in her thoughts as well as those of her colleagues”.

The minister has since denied the women’s treatment helped determine the decision to refuse Qatar Airways more flights into Australia.

Qatar Airways’ conduct in a case brought by five Australian women has been highlighted as debate continues over bilateral air rights. Picture: AFP

Although there was widespread outrage about the decision from tourism and travel operators, exporters and airports, Mr Sturzaker said his clients believed Qatar Airways should not be allowed to operate at all.

“They legitimately have very real concerns about Qatar Airways as an international carrier and those concerns have only been amplified by the conduct of the litigation,” Mr Sturzaker said.

It was not only the five women pursuing the matter in court who should be compensated, he said.

“There were 26 Australian women on our flight, and dozens of other flights were also caught up in this atrocity,” he said.

“Qatar should be reaching out and apologising and compensating all the women, not just the ones who’ve been brave enough to take on a state entity.

“It’s outrageous behaviour.”

Qatar Airways has previously indicated the treatment of the women was part of a criminal investigation by police that it had no control over.

“As with all other airlines and passengers who were affected by this matter, Qatar Airways was required to comply and had no ability to refuse directions issued at the time by the Qatari authorities,” a spokesman said.

The strikeout application will be heard in November on the grounds that the case did not properly fall under the Montreal Convention, which governs aviation incidents.

Marque Lawyers has taken on the case on a pro bono basis.