Australian study finds cruise class action waivers largely unenforceable
University of Queensland research says Australian consumer law offers passengers stronger protection than comparable laws in the United Kingdom and United States.
Class action waiver clauses in cruise passenger contracts are generally unenforceable under Australian consumer law, according to research by University of Queensland Law School academic Dr Rosemary Gibson.
Gibson found that provisions barring passengers from starting or joining class actions are typically void in Australia. Her analysis also indicated that such clauses could be invalid when a cruise contract was signed overseas or specifies that foreign law applies.
The research examined legal protections following a class action against Carnival and Princess Cruise Lines over a COVID-19 outbreak aboard a vessel in early 2020. The proceeding alleged negligence and breaches of consumer law after 28 people died.
Court records from the matter show that, following an appeal by the class action representative, the High Court of Australia determined that the waiver clause involved was unfair and therefore void.
In comparing legal frameworks, Gibson concluded that Australia provides cruise passengers with stronger protection than the United Kingdom and the United States. The study was published in Lloyd's Maritime and Commercial Law Quarterly.