DOHA- Qatar Airways (QR) is seeking to challenge a legal ruling that could hold it liable for invasive searches carried out on passengers at Hamad International Airport (DOH) in 2020.
The airline has applied for leave to appeal to the High Court of Australia after the Full Federal Court overturned an earlier decision that dismissed a case brought by five Australian women who underwent strip-searches at the airport.

Qatar Airways Challenge Court Ruling
The dispute stems from October 2020, when five Australian passengers were subjected to forced strip-searches and invasive medical examinations at Hamad International Airport (DOH) after an abandoned baby was found in a bathroom.
The incident caused international outrage and led to legal action in Australia against Qatar Airways (QR), the Qatar Civil Aviation Authority (QCAA), and airport operator MATAR.
Earlier this year, the Full Federal Court ruled that the women’s case against Qatar Airways should proceed to trial, overturning Justice John Halley’s 2021 decision that dismissed the claims.
Justice Halley had previously determined that the Montreal Convention, which governs airline liability for passenger injury or death, did not apply since the incident did not occur onboard an aircraft or during embarkation or disembarkation.
In its High Court filing, Qatar Airways argued that consistency in how international treaties such as the Montreal Convention are interpreted is essential for global aviation.
The airline also requested a stay on the Federal Court’s ruling while the appeal is underway, citing a wider public interest in ensuring clarity for carriers worldwide.

Legal Arguments on Both Sides
Lawyers representing the five women maintain that Qatar Airways’ appeal lacks merit. Dr Chris Ward, counsel for the group, told the court that the airline’s application was unlikely to succeed and accused Qatar Airways and MATAR of attempting to delay proceedings.
“The Full Court’s judgment makes clear that the case is ready to go ahead,” Ward said, urging the airline to submit its defence rather than challenge procedural grounds.
Justice Halley has now directed Qatar Airways to file its defence by 23 September 2024, moving the case closer to trial unless the High Court grants leave for appeal.

Previous Court Rulings
The women originally filed claims in 2021, alleging unlawful physical contact and false imprisonment against Qatar Airways, MATAR, and the QCAA. That case was dismissed before trial when Justice Halley ruled the Montreal Convention shielded the airline from liability.
However, in April 2024, the Full Federal Court overturned his decision, stating that whether the Montreal Convention applies in this case cannot be determined without a full hearing. The court’s reversal reopened the possibility of Qatar Airways facing trial in Australia.
At the same time, the women sought to challenge a separate ruling that the QCAA, as an arm of the Qatari state, could not be sued in Australian courts. Their leave application on that matter is also pending.

Bottom Line
The outcome of this case carries significant weight beyond the five women involved.
If Qatar Airways is found liable, it could reshape how courts apply the Montreal Convention to incidents occurring within airports but outside direct aircraft operations.
Airlines and airport authorities worldwide are closely watching the developments, given the potential precedent for international liability in sensitive passenger cases.
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