Law denies family crash compensation

The relatives of an Auckland family killed in a plane crash in Queensland in 2002 are not entitled to any compensation, despite the wife of another victim being paid out $533,000.

The Bowles family from Hillsborough - Kevin, Joanne and their children, Sophie and Michael - were killed with Brisbane pilot Andrew Morris and American Christopher Le Gallo on Hamilton Island.

An Australian Transport Safety Board report last year said post-alcohol fatigue and Mr Morris' use of cannabis were possible causes of the crash.

Mr Le Gallo's wife, Laura Le, has now settled with the insurers of carrier Island Air Taxis and been paid compensation under Australia's Civil Aviation (Carrier's Liability) Act.

But Kevin Bowles' father, Ted, said the family could not be compensated because only dependants, or spouses, qualified under the legislation.

"There were no dependants left, the whole family was wiped out in the crash. They haven't even had an inquest yet, but I understand it will be some time this year."
Mr Bowles said he would have to wait for the inquest before deciding on legal action.

Mrs Le Gallo's lawyer, Peter Carter, said the Bowles family could apply for expenses such as funeral costs.

"But they cannot claim compensation as dependants under the act. The law is outdated, and should be made more realistic."

In a statement yesterday, Mrs Le Gallo said Australia should warn tourists that its legal system did not allow full compensation if an air accident was caused by airline or pilot recklessness.