Family members of all flight crew and passengers on board the ill-fated Malaysian Airlines flight MH17 could be involved in an Australian class action, even if they reside overseas, according to Federal Court documents.

Claimants are perusing compensation from Malaysian Airlines, under the Montreal Convention.

The well-known case was started by Cassandra Gibson nearly two years after her mother, Liliane Derden, an Australian resident, perished in the highly publicised 2014 crash.

In a statement of claim filed to the court, it suggests that any non-residents may be included in the claim under a law that grants representatives “that express the desire to take the benefit of the action” to be included.

“There is no case law that I’m aware of that deals with this particular section,” the group members’ barrister John Rowe told AAP on Tuesday.

All 298 crew members and passengers on board the plane destined for Kuala Lumpur, majority Dutch, perished when the aircraft was shot down over Ukraine.

In 2015, it was determined by the Dutch Safety Board that the plane was hit by a Russian-made Buk missile.

The class action is one of several Federal Court cases brought by family members of Australian MH17 victims.


Originally published as Aust case could include all MH17 victims

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