Montreal Convention liability limits set to rise for international air carriage
By Andrew Tulloch and Timothy Coghlan
The limits of liability under the Montreal Convention 1999 which relate to international air carriage are set to increase from 24 December 2024.
The limits of liability under the Montreal Convention 1999 which relate to international air carriage are set to increase from 24 December 2024. This follows the five yearly review undertaken by the International Civil Aviation Organisation.
The new limits which will come into force on 28 December 2024 are:
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for death or bodily injury under Article 21 151,880 SDRs (approximately AUD305,000) (currently approximately AUD259,000);
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for delay in passenger transport under Article 22(1) 6,303 SDRs (approximately AUD12,670) (currently approximately AUD10,930);
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destruction, loss, damage or delay of baggage under Article 22(2) 1,519 SDRs (approximately AUD3,050) (currently approximately AUD2,590); and
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destruction, loss, damage or delay of cargo under Article 22(3) 26 SDRs per kilogram (approximately AUD52.25) (currently approximately AUD44.20).
The Montreal Convention 1999 has force of law in Australia by section 9B of the Civil Aviation (Carriers Liability) Act 1959 and the amended limits will apply in Australia for carriage subject to the Convention occurring after 28 December 2024.