Update
Important Court Ordered Notice for Group Members
An important notice approved by the Federal Court of Australia has been sent to all group members in the Ruby Princess Coronavirus Class Action. A copy of the Notice and Registration Form can be viewed here. The Notice requires attention before 13 March 2026. It is important that you read this Notice carefully. The Notice concerns the assessment for compensation of the claims of individual Group Members in the class action.
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. Unfortunately, it is impossible to predict the exact timeframe of when we expect a judgment to be delivered.
Group Members will continue to be updated on significant developments in the case.
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.
Can I join the Ruby Princess Coronavirus Class Action?
You are able to sign up to the class action if:
You were one of the passengers on the Ruby Princess that departed Circular Quay on 8 March 2020 (regardless of whether or not you contracted the coronavirus).
OR
You are an executor, administrator or personal representative of the estate of a passenger who contracted coronavirus on the cruise and subsequently passed away.
OR
You are a family member or loved one of an ill or deceased passenger and you have suffered a psychiatric injury as a result of your loved one contracting the virus on the cruise.
If you answered yes to any of the above, you may be entitled to compensation, and you are encouraged to register for the Ruby Princess Class Action. If you are unsure whether you can participate in the class action, please contact us so that we can provide you with further assistance regarding your legal rights.
How to register for the Ruby Princess Coronavirus Class Action
To register for the Ruby Princess Coronavirus Class Action, group members who have not previously registered and engaged with Shine must now read the Federal Court approved Notice sent to all group members, and respond before 13 March 2026.
If you are unsure if you are a group member, contact our team using the details above.
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.
