P&O Pacific Aria Class Action

The P&O Pacific Aria Class Action has settled, subject to the approval of the Federal Court on 6 February 2025. P&O has not admitted any liability. The class action was filed on behalf of passengers on P&O’s Pacific Aria that sailed from Brisbane to Noumea into the path of a Category 5 cyclone in May, 2017.

THE P&O PACIFIC ARIA CLASS ACTION

Carter Capner Law initiated the P&O Pacific Aria Class Action on behalf of cruise ship passengers who boarded the Pacific Aria on 5 May 2017 in Brisbane for a 7 night South-Pacific cruise, only to set sail into adverse weather and heavy seas associated with cyclone Donna.

A mediation with Carnival and its legal representatives occurred in early October as a result of which a settlement, subject to the approval of the court, was reached.

COMPENSATION

Please read the Notice of Proposed Settlement

All other court documents are linked below for easy access. Click here to view the Notice of Proposed Settlement.

How it works

Step 1.
Am I a Group Member?

Yes, if you wish to receive payment of a proportion of the damages that are to be distributed to group members, you must read the Notice of Proposed Settlement and also REGISTER your details and bank account particulars.

Step 2.
I haven’t registered before. Should I register now?

Yes, if you wish to receive payment of a proportion of the damages that are to be distributed to group members, you must read the Notice of Proposed Settlement and also REGISTER your details and bank account particulars.

Step 3.
I previously registered. What do I need to do?

You must read the Notice of Proposed Settlement. You also need to login to enter your bank account details for payment. Until then, as long as we have your contact information, there is nothing further we need.

Documents regarding proposed settlement

01 Nov

Notice of Proposed Settlement - Bundle [ZIP]

Download

11 Nov

Notice of Proposed Settlement [PDF]

Download

01 Nov

Order of Federal Court [PDF]

Download

01 Nov

Deed of Settlement [PDF]

Download

01 Nov

Settlement Distribution Scheme [PDF]

Download

01 Aug

Application for approval of settlement [PDF]

Download

30 Oct

Affidavit of Peter Carter [PDF]

Download

04 May

Statement of Claim [PDF]

Download

04 May

Originating Application [PDF]

Download

30 May

Order of Derrington J - 30 May 2023 [PDF]

Download

04 Oct

Plaintiff Request for Particulars [PDF]

Download

14 Jul

Order of Derrington J - 14 July 2023 [PDF]

Download

23 Aug

Order of Derrington J - 23 August 2023 [PDF]

Download

02 Nov

Order of Derrington J - 2 November 2023 [PDF]

Download

29 Nov

Order of Derrington J - 29 November 2023 [PDF]

Download

02 Feb

Order of Derrington J - 2 February 2024 [PDF]

Download

05 Apr

Order of Derrington J - 5 April 2024 [PDF]

Download

26 Jul

Order of Derrington J - 26 July 2024 [PDF]

Download

30 Sep

Order of Derrington J - 30 September 2024 [PDF]

Download

10 Jul

Defendant’s Request for Particulars - 10 July 2023 [PDF]

Download

23 Jul

Pla Resp to Request - 23 July 2023 [PDF]

Download

06 Aug

Amended Statement of claim - 6 August 2023 [PDF]

Download

26 Aug

Joint Position Paper - 24 August 2023 [PDF]

Download

14 Sep

Defendants' Request for Particulars - 14 September 2023 [PDF]

Download

06 Oct

Defence filed 6 October 2023 [PDF]

Download

25 Oct

Reply filed - 25 October 2023 [PDF]

Download

21 Nov

Plaintiff Request for Further and Better to Defence - 21 November 2023 [PDF]

Download

11 Nov

Plaintiff's Exhibit to Particulars

Download

Timeline

5 May 2017

Pacific Aria departed Brisbane.

4 May 2023

Claim started in Federal Court.

1 Nov 2024

Application for approval of settlement.

6 Feb 2025

Federal Court approval hearing.

May 2025

Likely date for payment to group members

From the media

14 May

2GB Syndey - ‘Are you serious?’: Cruise company cops legal action over bad weather

Full Article

13 May

Australasian Lawyer – 2017 Pacific Aria passengers file class action for ‘cruise from hell’ experience

Full Article

12 May

cruisepassenger.com.au – Serious weather events could cause more cruise class actions

Full Article

10 May

9news.com.au – Class action lawsuit over cyclone-hit cruise

Full Article

10 May

news.com.au – Class action launched over cruise that steered into category 5 cyclone

Full Article

09 May

ABC News Article - Cyclone Donna: Schools Closed, flights cancelled as category four storm eyes New Caledonia

Full Article

08 May

NZ Herald News Article - Tropical Cyclone Donna becomes Category 5 storm, worst May storm on record in South Pacific

Full Article

04 May

AAP News Article - Category three Cyclone Donna bears down on Vanuatu

Full Article