Welcome to Yahoo’s weekly column where lawyers Alison and Jillian Barrett from Maurice Blackburn tackle problems everyday Aussies face — whether it be consumer, property, money matters, relationships or work.
Question
I feel like Australia’s flight system is a complete rip-off. For example, I was in Europe last year and when my flight was delayed, I was given $1,200. But here, I had three flights from Sydney to Melbourne cancelled or delayed and was offered next to nothing.
I ended up getting there a day late, losing money on accommodation, tickets to the tennis and transport back and forth.
There is a process to get me back some of that money, yes. But what about my time? How should I have to pay the same for a flight a day late when there were flights the next day cheaper?
The airline told me if I wanted to cancel and rebook on a cheaper flight the next day, I would forfeit my right to be reimbursed for lost costs.
So I was trapped into the flights they were suggesting (and later cancelled).
It was a complete ordeal; the staff were rude, the communication was terrible.
Why in Australia is there nothing to compensate for the complete lack of accountability airlines take, as there is some loophole that just says ‘we don’t have to get you there at a certain time, we just have to get you there’.
In other countries, airlines pay for wasting your time.
Answer
Arriving in Melbourne a day late after three Sydney-to-Melbourne flights were cancelled or delayed, and then being told you’d lose reimbursement rights if you cancelled to book a cheaper next‑day fare, is understandably infuriating.
You’ve also worn real losses: accommodation, tennis tickets, and extra transport, on top of a stressful day with poor communication.
As employees of a national law firm, we sometimes have to travel for work, and we’ve had lots of delayed flights, so we can certainly empathise – but none of our experiences has been as bad as yours.
Australia’s system is different to Europe’s, so here’s what the law does (and doesn’t) require, and how to push for fair compensation.
Australia doesn’t have an European Union‑style, automatic compensation scheme that pays passengers a set amount for delays or cancellations.
Instead, your rights mostly come from the Australian Consumer Law, which applies to airline services like any other service.
Do you have a matter you’d like us to weigh in on? Contact newsroomau@yahoonews.com and we might feature it next.
Alison and Jillian Barrett are Principal Lawyers at Australia’s leading plaintiff law firm, Maurice Blackburn.
(William Gordon Photography)
The Australian Consumer Law provides basic consumer rights known as consumer guarantees.
For travel services, such as flights, the consumer guarantee is that the service will be provided within a reasonable time after being delayed or cancelled.
You may be entitled to a replacement travel service or refund if a travel service is delayed or cancelled, depending on the circumstances.
This may include if the delay or cancellation is within the airline’s control such as crew shortages or scheduling problems.
Weather, air‑traffic control restrictions or security incidents are usually outside their control.
If that replacement service is not within a reasonable time, the airline must give the consumer their choice of a different replacement service or refund.
There is no set timeframe of what a “reasonable” amount of time is.
It’s just what most people would think would be fair in the circumstances, taking into account the reason for the travel and the airline’s usual schedule.
Under the consumer guarantees, you won’t be entitled to a refund or replacement if you change your mind or miss the flight due to no fault of the airline.
Airlines will also often have compensation policies that set out what your rights are if a flight is delayed or cancelled.
These supplement, rather than replace, the consumer guarantees.
If the airline’s failure caused you to incur extra accommodation, transport, or missed‑event costs that were reasonably foreseeable, and the cancellations were within the airline’s control, you might be able to claim those amounts.
Keep receipts, booking confirmations and screenshots of communications.
Australian law does not usually compensate for “distress” or lost time alone.
However, if your lost time leads to quantifiable loss (for example, a missed, pre‑paid event), that financial loss may be claimable.
If you had to book a new flight with another airline because the airline you originally booked with had no reasonable replacement flights, you may have a right to reimbursement from the original airline for the cost of that flight.
If you choose to cancel and make different arrangements yourself, it can become harder to show which losses were caused by the airline versus your choice.
How to push for a fair outcomePut it in writing
Send a concise complaint and a schedule of losses with receipts.
Ask for a refund and compensation under the Australian Consumer Law for the accommodation, tickets and transport you didn’t get to enjoy due to the flight cancellations.
Escalate internally
Use the airline’s formal complaints channel and request a written decision.
Airline Customer Advocate
If unresolved, lodge a complaint with the Airline Customer Advocate (covers major Australian carriers: Jetstar, Qantas and Virgin Australia). This free and independent service helps eligible customers of major Australian airlines by facilitating the resolution of unresolved complaints.
Tribunal options
If you still can’t resolve it, consider a small claim in your home state’s civil and administrative tribunal (for example, NCAT in NSW or VCAT in Victoria). These forums regularly hear Australian Consumer Law disputes.
Insurance
Check travel insurance for delay/cancellation benefits. Some credit cards automatically provide insurance if you purchased your flights on your credit card.
Chargeback
If you received no service, the airline refuses a refund, and you paid with a debit or credit card, ask your bank about a chargeback.
While most Australians do not purchase travel insurance when travelling domestically, this may be something you elect to do next time.
This information is general in nature and should not be regarded as specific legal advice. For legal advice on a specific situation, consult a qualified solicitor.
The contents of this column reflect or are inspired by real-life experiences. Some details may be adapted.
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