
The families from Queensland, New South Wales and Victoria, who did not wish to be named, are seeking damages for financial losses and psychological harm.
John Dawson, the lawyer for the families, said that “in terms of its obligations under international law the airline had responsibilities to its passengers and to their families.”
“A proactive risk assessment should have led to a different decision.”
It has been reported that eight other airlines, including Quantas, decided not to fly over the route that MH17 took over eastern Ukraine that day. Other airlines apparently flew the same route that the Malaysian airliner took.
The claimants hope that an out-of-court settlement can be worked out but this can only be done after they file their claim. There are another 16 Australian families who have yet to file any claims.
“Had the respondent (Malaysia Airlines) assessed the risks then it would not have used a flight route over the conflict zone,” states the claim. “The respondent (Malaysia Airlines) failed to warn the passengers of the risks of a route over the conflict zone and/or failed to inform the passengers about the flight route over the conflict zone.”
In a statement, Malaysia Airlines said it was “committed to engaging the next of kin in good faith with regard to ensuring a fair and equitable compensation.”