Women subjected to 'invasive' airport searches after newborn baby found in bin
The passengers were on a flight from Doha to Sydney in October 2020 and were preparing for departure when all female passengers were asked to leave the plane.
Five women, who are the appellants in the proceedings, were taken to an ambulance parked on the tarmac, four of them were subjected without consent to bodily examinations, and three subjected to 'invasive' searches by a nurse.
The examinations were prompted by the shock discovery of an abandoned newborn baby in a bathroom within the airport terminal, the Qatar Ministry of Interior (MOI) said.
A wide-scale search to find the mother ensued.
The women launched court proceedings against Qatar Airways, the Qatar Civil Aviation Authority and Qatar Company for Airports Operation and Management WLL (MATAR).
In April 2024, the federal court ruled the women's case could not succeed because the examination did not take place in the course of embarking or disembarking the aircraft.
The women, who remain anonymous, were represented by Marque Lawyers, and later appealed to the Full Federal Court arguing Qatar Airways should be held liable.
In the federal court of Sydney on Thursday, Justice Angus Stewart said the court has allowed the women to further pursue proceedings against Qatar Airways and MATAR, and that the airline and the airport operator must pay the costs of the appeal.
In the judgment, Justice Stewart said the primary judge erred in summarily dismissing the claims, and that it is 'a matter of some complexity'.
'It cannot be concluded with sufficient confidence at this stage that the women have or will have no basis to plead that the 'nurse' was an employee or a true agent of MATAR,' Justice Stewart said.
'It is also an error to conclude that MATAR's duty of care cannot possibly extend to the circumstances in and around the ambulance.'
Justice Stewart said the issue can only be decided at trial and not on a summary basis.
'Struggle'
Outside of court on Thursday, lawyer Damian Sturzaker said the women are 'very pleased' that after their 'very long fight' against the airline and the airport operator has been successful.
'Unfortunately, the case against the state of Qatar was unsuccessful however this has always been an issue about the airline and the women have led a very long and stressful struggle for them to bring the case to court and we'll continue the case,' he told reporters.
'We've now got the opportunity to have a full sharing with all of their evidence coming out and in those circumstances we're very, very pleased with the outcome today.'
Mr Sturzaker said the women have 'always tried' to reach resolutions with Qatar Airways and the other parties.
'They reached out before proceedings were commenced, they always would've liked to have seen a resolution to the matter but if that can't be achieved then of course the matter will go through to hearing,' he said.
'They're very pleased and very relived.'
The Full Federal Court has dismissed the Qatar Civil Aviation Authority appeal.
The matter will now return to the Federal Court where it is expected to go to a full trial.
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