Malaysian MH17 - Families are suing - Curt Lewis

Malaysia Airlines rejects allegations of negligence over MH17


MALAYSIA Airlines is preparing to fight multi-million dollar lawsuits by Australian families alleging the carrier's negligence in flying MH17 over a war zone led to the deaths of their loved ones.

In what should be a monumental battle in the Federal Court, more than a dozen families bereaved by the 2014 tragedy are taking action on the grounds Malaysia Airlines "failed to conduct an adequate risk assessment and charted a course through a known conflict zone, posing an unreasonable risk to those on board".

Compensation above the $220,000 allowed under the first tier of the Montreal Convention is being sought by the families who lost children, parents, wives and husbands in the atrocity.

Of the 298 people killed when a BUK missile shot MH17 out of the sky, 40 passengers called Australia home.

Remnants of MH17 found in a field in Grabovka, Ukraine Picture: Getty Images/Brendan Hoffman
Although Malaysia Airlines is yet to file its defence in the Federal Court, a statement from the Post Accident Office said they "strongly objected to any allegation of wrongdoing or negligence while operating flight MH17".

"MH17 was flying along an authorised flight route, approved by EuroControl on the 17 July 2014," said a statement provided by the Post Accident Office.

"The Dutch Safety Board's Final Investigation Report, concluded that Malaysia Airlines had prepared and operated the flight while complying with the applicable regulations."

The statement noted that "Malaysia Airlines along with almost all other airlines used the same route".

"The Dutch Safety Board also concluded that on 17 July 2014, 160 flights were operating in UKDV (Dnipropetrovsk airspace) until the airspace was closed (after the crash)," read the statement.

Malaysia Airlines' position sets the stage for a fierce fight with relatives and their legal representatives, when the matter returns to court in Sydney on March 28.

US-based lawyer Jerry Skinner who is representing five Australian families in lawsuits against Malaysia Airlines and Russia, said there was evidence the carrier was "criminally negligent". "You're talking about a professional organisation that flies routes halfway around the world, and they know there's a war going on because there's a NOTAM (Notice to Airmen) but they don't pursue it any further," Mr Skinner said.

"My question is "why is that failure to pursue what they knew was happening not a criminal act in and of itself?" They had enough clues, there were enough facts out there."

His views are shared by former Qantas Head of Compliance turned barrister David Chitty who wrote an article for the New South Wales Bar Association journal titled "Safety in the air begins with safety on the ground".

He said the risks associated with flying over eastern Ukraine in mid-July 2014 were "real, not trivial or fanciful and were known and foreseeable to airline operators".

"It should be noted that eight operators (including Qantas) had reportedly ceased to fly over the area due to uncertainty of the situation in the Crimean region, that is, the known risk," he said.