Taking Qantas to NCAT

[CMA222]

QF continues to demonstrate its total contempt for its customers. No intertest in addressing the issues or resolving the problem only in attempting to ensure Customers cannot challenge it in the Tribunal so it can continue to misuse its market power. "The Spirit of Australia (where Australia is the interests of the QF shareholder and Board)" is simply the dominant part of a government supported duopoly and until the ACCC steps up and recommends an EU 261 / UK 261 be introduced here, nothing will change.

 

[papeto]

Have you made enquiries about moving proceedings to a higher court? In my case against another airline, I've made preliminary enquiries with the small claims court in NSW which I think is a division of the local court. If I understand correctly, the filing fee for a claim up to $10K is about $150 and costs that can be awarded against the unsuccessful party are very limited.



To mount that argument, though, one has to accept the premise which is that the claim falls under the Montreal Convention and therefore NCAT is not the appropriate jurisdiction. I think the intention is to keep it in NCAT.

You raised a good point and in my application I do state that we reserve our rights to take it to the local court. The benefit if going through NCAT first is that a matter thats been to them first it enjoys some of the protections that NCAT provide ( level of proof, costs, representation) if NCAT rules its a federal jurisdiction matter.

 

[MELso]

I'm not sure what 'ACCC legislation' you're intending to sue under but the first thing to check would be whether NCAT, a state body, has jurisdiction under that Commonwealth legislation. I'm not saying it doesn't, I'm saying it's something to check.

NCAT does have jurisdiction if you're suing under contract law and/or the Australian Consumer Law (NSW) (but not the Australian Consumer Law (Cth)).

 

[bam71]

Any update to this at all?

 

[papeto]

Any update to this at all?

My court date is the 14th Nov, so will know more than.

 

[MARTINE]

My court date is the 14th Nov, so will know more than.

Good luck @papeto

 

[Dr Ralph]

My court date is the 14th Nov, so will know more than.

Did I miss something? You're now going to a court rather than to NCAT?

 

[papeto]

Did I miss something? You're now going to a court rather than to NCAT?

Apologies it should say I’m going to NCAT on the 14th Nov.

 

[hb13]

Hi @papeto - I've just been reading this thread and I will also be aiming to do something similar, so I'm keenly following this.

Best of luck, hope this works out for you and Qantas loses big on this.

Qantas have really treated so many customers like we are worthless and when someone has these issues happen in the middle of their holiday/trip/travels - it is the absolute worst.

 

[yetifor]

There seems some misunderstanding that the NCAT is a court, when it is actually a Tribunal made up not of magistrates but of Tribunal Members who are either lawyers or people with specific expertise relevant to the Divisions that the NCAT operate.

 

[Sprucegoose]

Just something else thats crossed my mind. Qantas noted in their response to AFF’s article they stated the customer agent provided incorrect advice ( ie by not rebooking us on the next available flight). However we escalated it to the supervisor who said the same thing. There were about 30 pax on the flight who were all told the samething - phoning different agents. So this isn’t a rogue agent getting it wrong. So if it affected all pax on the flight one plausible explanation could be that call centre staff either acted directly on Qantas management instructions or wasn’t properly trained by Qantas management.

If I was able to prove this point, would one be able to claim punitive damages?

The facts will be determined once any jurisdictional matters are decided.

What loss did you incur?

 

[serfty]

What loss did you incur?

The article has some information:

Qantas Abandons Passengers Mid-Trip

When booking a series of flights on one ticket, you would expect to be looked after if the first flight was delayed and you missed your onward connection

www.australianfrequentflyer.com.au

 

[Sprucegoose]

The article has some information:

Qantas Abandons Passengers Mid-Trip

When booking a series of flights on one ticket, you would expect to be looked after if the first flight was delayed and you missed your onward connection

www.australianfrequentflyer.com.au

Ok, I see, not flash. If QF doesn't have a legal problem, they certainly have a PR one.

Post automatically merged: Oct 30, 2022

Apologies it should say I’m going to NCAT on the 14th Nov.

Hi I sent you a PM

 

[Fil-Ski]

Anyone in South Australia and filed a claim via SACAT?

 

[Anna]

In SA you would need to use the Magistrates Court.

 

[yetifor]

Good luck to everyone, Going the way of NCAT seems to be the way to go.
forpc.onl youtube vanced for pc

 

[Pinkysunkiss]

I have classic reward booking with mixed Qantas and partner airline and loss of partner airline seats due to Qantas error. The flight is not due until Dec and of course nothing Qantas can do when I call CS but they repeatedly told me they are still waiting for partner airline to respond, despite we established there had been no more reward seats since Aug when they lost my seats.

I am wondering if I refund classic award tickets now and buy paid seats 1.5 month before the trip date, would NCAT think I have not given Qantas enough chance to do something?

 

[Danger]

I have classic reward booking with mixed Qantas and partner airline and loss of partner airline seats due to Qantas error. The flight is not due until Dec and of course nothing Qantas can do when I call CS but they repeatedly told me they are still waiting for partner airline to respond, despite we established there had been no more reward seats since Aug when they lost my seats.

I am wondering if I refund classic award tickets now and buy paid seats 1.5 month before the trip date, would NCAT think I have not given Qantas enough chance to do something?

What law would you be arguing Qantas broke?

 

[Pinkysunkiss]

What law would you be arguing Qantas broke?

？consumer law.
I thought there should be some protection for customers who initially have a ticket and later on loss of the seats because of their ticketing error when Qantas made an involuntary schedule change and then failed to re-ticket on time. Also didn’t communicate with us (found out on the app for the change and disappearance of partner airline ) and started a difficult ticket reinstatement journey and got promised all different things but never eventuate.
I am seeking compensation as paid seats are at sky high price now compared to when we booked in June.

 

[Vic]

？consumer law.
I thought there should be some protection for customers who initially have a ticket and later on loss of the seats because of their ticketing error when Qantas made an involuntary schedule change and then failed to re-ticket on time. Also didn’t communicate with us (found out on the app for the change and disappearance of partner airline ) and started a difficult ticket reinstatement journey and got promised all different things but never eventuate.
I am seeking compensation as paid seats are at sky high price now compared to when we booked in June.

Well you'd be looking at contract law, really. not consumer law. Once you cancel the contract is ended. So...

And contract law might be tenuous depending on your circumstances...