When most people think of booking a flight, their minds are on baggage allowances and in-flight entertainment — not complex international treaties. But for one Australian mother and her daughter, a turbulent flight from Vancouver to Sydney ended in injury, legal proceedings, and a High Court decision that reshaped the understanding of contract law and liability limits in international air travel.
At MCB Lawyers, we stay across key legal decisions like this one — not just because they shape the law, but because they help us deliver smarter legal advice to our clients.
What Happened in Evans v Air Canada?
In Evans v Air Canada [2024] HCA 22, the High Court of Australia considered whether Air Canada had waived the limits of liability under the Montreal Convention — an international treaty that governs liability in international air travel. The plaintiffs, Ms. Evans and her daughter, were injured during severe turbulence on an international flight. They argued that Air Canada’s public-facing policies had waived the liability cap found in Article 21(2) of the Convention.
The airline’s website and conditions of carriage stated:
“Air Canada does not impose financial limits in respect of death or bodily injury.”
The plaintiffs interpreted this as an express waiver of the Convention’s liability limits. Air Canada disagreed.
What Was the Legal Issue?
The central question before the High Court was whether Air Canada had clearly and unambiguously waived its right to limit liability for bodily injury under the Montreal Convention — a critical point in contractual interpretation.
Under Article 21(2) of the Montreal Convention, an airline is only liable for passenger injury up to a certain monetary threshold (around AUD $240,000), unless the claimant can prove negligence. However, Article 25 allows an airline to waive this limit if it does so expressly.
The High Court’s Decision
The High Court unanimously ruled in favour of Air Canada. It held that the statements on Air Canada’s website and in its tariff did not amount to a waiver of the liability cap under Article 21(2).
The Court reinforced an important principle in Australian contract law:
If a party seeks to waive a substantive legal right — particularly one conferred by statute or treaty — they must do so with clear and unequivocal language.
In other words, courts will not lightly infer a waiver of rights unless the contractual wording is precise.
What This Means for Our Clients
Whether you’re a business owner, a traveller, or someone who regularly enters into service contracts, this case has broad implications:
1. Precision in Drafting Matters
If your business relies on terms and conditions — like airlines, professional services firms, or even trades — this case confirms that vague or informal promises won’t override statutory or international obligations.
2. Website Terms = Binding Contracts
Statements made on your website or in customer-facing documents can be legally significant. It’s vital to have a legal review of your website disclaimers, especially if you operate in regulated or high-liability industries.
3. Litigation Risk for Poorly Drafted Contracts
Misleading, ambiguous, or poorly worded terms — even if unintended — can open the door to costly litigation. Getting your contracts and customer terms professionally reviewed is a worthwhile investment in risk management.
Key Takeaways for Businesses
At MCB Lawyers, we work with clients from aviation, travel, commercial, health, and tech sectors who rely on well-drafted agreements to operate. Our role is to ensure your contracts are clear, enforceable, and aligned with both domestic and international legal frameworks.
If your business:
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Provides services across international borders;
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Uses terms and conditions on your website or invoices; or
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Is involved in a dispute about what your contract really means…
…then this case is a reminder that contractual clarity and legal accuracy are non-negotiable.
Need Help Reviewing Your Contracts?
Whether you’re a Northern Beaches business, a service provider, or an individual involved in a dispute, MCB Lawyers can help.
📍 Visit us in Manly or contact us online for clear, commercial legal advice you can rely on.
Let’s make your contracts work for you — not against you.
Disclaimer: This blog post is for general information only and does not constitute legal advice. Please seek tailored legal advice before acting on any of the information provided.