Five Australian women who say they were pulled from a Qatar Airways flight by armed guards and strip-searched, have won the right to sue the airline, after a court on Thursday overturned an earlier decision to dismiss the case.
Women on 10 Qatar Airways flights, including 13 Australians, were subjected to invasive examinations to determine if they had recently given birth. It's after a newborn baby was found abandoned at Doha’s Hamad Airport in October 2020.
The incident drew global headlines, sparked outrage in Australia and strained diplomatic ties with Qatar.
A group of five women on a Sydney-bound flight launched legal action in 2022 against Qatar Airways, Doha Airport operator MATAR, and Qatar’s Civil Aviation Authority. They brought claims under the Montreal Convention, which covers airline liability, as well as negligence, assault and false imprisonment.
The women sought damages for the impact on their mental health, including depression and post-traumatic stress disorder, stemming from the "unlawful physical contact".
After being escorted off their flight by armed Qatari authorities, some women said they were forced to remove their underwear and subjected to non-consensual gynaecological inspections by a nurse in ambulances on the tarmac.
Federal Court Justice John Halley dismissed the claims against Qatar Airways last year, ruling they had no reasonable prospect of success and that Qatar’s Civil Aviation Authority was immune from Australian law.
On Thursday, the full Federal Court overturned the ruling against Qatar Airways, saying the issue was too complex to be summarily dismissed.
“Whether or not the claims come within the scope of (the Montreal Convention) is a matter of some complexity,” the summary judgment said.
“It is therefore not an issue apt to be decided at the stage of summary dismissal.”
The decision allows the women to continue their lawsuit against Qatar Airways and MATAR. Both companies were ordered to pay the costs of the appeal.
“Our clients endured a traumatic experience on that night in Doha, and they deserve to have their day in court and compensation for their suffering,” said Damian Sturzaker, a lawyer from Marque Lawyers representing the women.
“We will continue to support them as the case continues in the Federal Court.”
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