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ARTICLE · 26 MARCH 2024

Ruby Princess class action waiver clauses unfair

Carroll & O'Dea
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Looks at the Judgment finding the class action waiver clause as unfair terms under ACL & potential implications moving forward.

AustraliaCorporate/Commercial Law
Joshua Dale
Joshua Dale
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A unanimous bench of the High Court of Australia in Karpik v Carnival Plc [2023] HCA 39 has found the class action waiver clause relied upon in the Ruby Princess class action are unfair terms under Australian Consumer Law (ACL). This article looks at the Judgment and potential implications moving forward.

Background

In March 2020 there was mass infection of COVID-19 of passengers onboard the Ruby Princess cruise ship during its round-trip voyage from Sydney Harbour.

The lead applicant, Ms Karpik, commenced a class action in the Federal Court of Australia on behalf of 2,651 passengers against the global cruise operator and its Australian subsidiary (Princess) for losses allegedly suffered by the passengers and their relatives.

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