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.
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.
All other court documents are linked below for easy access. Click here to view the Notice of Proposed Settlement.
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.
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.
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]
11 Nov
Notice of Proposed Settlement [PDF]
01 Nov
Order of Federal Court [PDF]
01 Nov
Deed of Settlement [PDF]
01 Nov
Settlement Distribution Scheme [PDF]
01 Aug
Application for approval of settlement [PDF]
30 Oct
Affidavit of Peter Carter [PDF]
04 May
Statement of Claim [PDF]
04 May
Originating Application [PDF]
30 May
Order of Derrington J - 30 May 2023 [PDF]
04 Oct
Plaintiff Request for Particulars [PDF]
14 Jul
Order of Derrington J - 14 July 2023 [PDF]
23 Aug
Order of Derrington J - 23 August 2023 [PDF]
02 Nov
Order of Derrington J - 2 November 2023 [PDF]
29 Nov
Order of Derrington J - 29 November 2023 [PDF]
02 Feb
Order of Derrington J - 2 February 2024 [PDF]
05 Apr
Order of Derrington J - 5 April 2024 [PDF]
26 Jul
Order of Derrington J - 26 July 2024 [PDF]
30 Sep
Order of Derrington J - 30 September 2024 [PDF]
10 Jul
Defendant’s Request for Particulars - 10 July 2023 [PDF]
23 Jul
Pla Resp to Request - 23 July 2023 [PDF]
06 Aug
Amended Statement of claim - 6 August 2023 [PDF]
26 Aug
Joint Position Paper - 24 August 2023 [PDF]
14 Sep
Defendants' Request for Particulars - 14 September 2023 [PDF]
06 Oct
Defence filed 6 October 2023 [PDF]
25 Oct
Reply filed - 25 October 2023 [PDF]
21 Nov
Plaintiff Request for Further and Better to Defence - 21 November 2023 [PDF]
11 Nov
Plaintiff's Exhibit to Particulars
Pacific Aria departed Brisbane.
Claim started in Federal Court.
Application for approval of settlement.
Federal Court approval hearing.
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
13 May
Australasian Lawyer – 2017 Pacific Aria passengers file class action for ‘cruise from hell’ experience
12 May
cruisepassenger.com.au – Serious weather events could cause more cruise class actions
10 May
9news.com.au – Class action lawsuit over cyclone-hit cruise
10 May
news.com.au – Class action launched over cruise that steered into category 5 cyclone
09 May
ABC News Article - Cyclone Donna: Schools Closed, flights cancelled as category four storm eyes New Caledonia
08 May
NZ Herald News Article - Tropical Cyclone Donna becomes Category 5 storm, worst May storm on record in South Pacific
04 May
AAP News Article - Category three Cyclone Donna bears down on Vanuatu