Background
On Sunday 8 March 2020, the Ruby Princess cruise ship departed Circular Quay.
After an 11-day round trip to New Zealand, the ship docked in Sydney on Thursday 19 March. Ruby Princess passengers were permitted to disembark at Sydney’s Circular Quay and return to their homes.
Since leaving the ship, over 700 passengers were diagnosed with COVID-19.
Passengers on the Ruby Princess consisted of Australian residents, as well as US citizens and citizens of a number of other countries.
Successful Initial Trial
On 25 October 2023, following the five week trial that ran in October 2022, the Federal Court of Australia ruled in favour of the Ruby Princess Class Action, delivering its judgment on Mrs Karpik’s individual claim and the common issues in the class action. The Judge determined that:
Carnival and Princess Cruises were negligent in failing to cancel the voyage, or take appropriate measures to protect passengers from contracting COVID-19 on board the ship;
The outbreak of COVID-19 on the Ruby Princess resulted from Carnival and Princess Cruises’ negligence;
Those failures also constituted breaches of Australian Consumer Law guarantees; and
The Lead Applicant is entitled to damages for her personal injuries, distress and disappointment, arising from the Ruby Princess Cruise.
The judgment is a significant win for all the passengers affected. To view a summary of the judgment, please click here. On 22 December 2023, Mrs Karpik filed a Notice of Appeal against her damages awarded. On 5 February 2024, the Respondents filed a Notice of Cross Appeal, seeking to review the findings of the trial judge that the Respondents were negligent, misled passengers and breached the Australian consumer law.
The Full Federal Court heard Mrs Karpik’s appeal and the Respondents’ cross appeal in August 2024. Mrs Karpik’s claim was upheld on appeal.
High Court of Australia rules in favour of overseas group members
On 3 and 4 August 2023, Shine Lawyers appeared before the High Court of Australia to appeal the Full Federal Court’s decision to exclude overseas Ruby Princess class action group members who contracted under the U.S. terms and conditions.
On 6 December 2023, the High Court ruled in favour of overseas group members in the Ruby Princess Class Action, opening the door to allow passengers who contracted to U.S. terms and conditions to participate in the class action.
In a unanimous decision, five judges of the High Court of Australia found that the class action waiver clause contained within the US terms and conditions was void pursuant to the Australian Consumer Law because it is unfair. The High Court also held that the Primary Judge, Justice Stewart, was correct in exercising his discretion not to stay the claims of US passengers, as there are strong reasons for not enforcing the exclusive jurisdiction clause.
Who is a group member in the Ruby Princess Coronavirus Class Action?
The class action sought compensation for the following groups of people:
Passengers on the Ruby Princess that departed Circular Quay on 8 March 2020 (regardless of whether or not they contracted the coronavirus).
AND
Executor, administrator or personal representatives of the estate of a passenger who contracted coronavirus on the cruise and subsequently passed away.
AND
People who are a family member or loved one of an ill or deceased passenger and who suffered a psychiatric injury as a result of their loved one contracting the virus on the cruise.
Important Court Ordered Notice for Group Members
An important notice approved by the Federal Court of Australia was sent to all group members in the Ruby Princess Coronavirus Class Action in December 2025. A copy of the Notice and Registration Form can be viewed here. The Notice required attention before 13 March 2026.
How to register for the Ruby Princess Coronavirus Class Action
Registration for the Ruby Princess Coronavirus Class Action is now closed. If you think you may have a claim for compensation in relation to the cruise, you should seek legal advice without delay.
Case Documents
Why Choose Shine Lawyers?
In successful settlements and judgments
We have secured more than $1 billion in class action settlements and judgments for our group members.
years of collective experience
Our team includes the country’s most experienced class actions experts and litigators with the skill, industry insight and dedication to deliver the best possible outcomes for deserving Australians.
dedicated class actions team members
We are proudly one of the largest class actions teams in the country. Our senior practitioners are supported by a dedicated team devoted to the complex field of class actions.
