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Carnival Settles A$2.416 Million Pacific Aria Cruise Class Action

Carnival agreed to a A$2.416 million settlement over claims about P&O Cruises Australia’s 2017 Pacific Aria voyage. Here’s what passengers alleged, how the reported payout was divided and why approval was not a liability ruling.
From TheFinanceBase Team3 min to read
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Carnival agreed to pay A$2,416,000 to resolve claims over P&O Cruises Australia’s May 2017 Pacific Aria voyage, and the Federal Court approved the settlement in February 2025. The case concerned allegations that the ship sailed into the path of Cyclone Donna, leaving passengers with a disrupted and unpleasant cruise. The approval resolved the claims; it was not a trial finding that Carnival was liable.

What happened on the Pacific Aria cruise?

The seven-day voyage left Brisbane on 5 May 2017 and was bound for New Caledonia. Passengers later alleged that Pacific Aria sailed into the path of Cyclone Donna, described in the case coverage as a Category 5 cyclone. The class-action lawyer characterized the trip as a “miserable seven days” and said passengers were not given the opportunity to cancel and receive a full refund. That was the lawyer’s account of the claim, not a court finding. Carter Capner Law’s settlement report

Reported effects included closed facilities, curtailed activities and scheduled ports being missed. The Guardian reported the lawyer’s description that passengers were so scared they stayed in their cabins; that characterization should not be read as evidence that every passenger did so. The Guardian’s account

What did the passengers claim, and what did Carnival say?

The claims alleged that the cruise service failed to meet Australian Consumer Law standards, including requirements concerning due care and skill and achieving a result passengers could reasonably expect. The claims also concerned the voyage’s advertised purpose and the disruption to its itinerary. These were allegations settled by agreement, not conclusions reached after a trial. MinterEllison’s case update

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Carnival denied wrongdoing. According to the case coverage, the company relied on ticket terms that did not guarantee a particular itinerary and maintained that it reasonably expected the voyage to proceed safely when it departed. The settlement was not an admission of liability. Cruise Passenger’s report

How much was the settlement, and how was it allocated?

After mediation in October 2024, Carnival agreed to pay A$2,416,000 in full and final satisfaction of the applicant’s claims. The Federal Court approved the settlement in February 2025. The class-action firm Carter Capner Law reported this breakdown:

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Legal fees A$1,000,000 Fees reported by Carter Capner Law.
GST on legal fees A$100,000 GST reported by the firm.
Administration A$100,000 Administration costs reported by the firm.

The per-passenger figures and allocation are the law firm’s published breakdown, not an independently established formula for other cruise claims. Carter Capner Law’s breakdown

What did the Federal Court approval decide?

The proceeding is identified as Jackson v Carnival plc t/as P&O Cruises Australia (Settlement Approval) [2025] FCA 127. Approval allowed the parties to resolve the claims through the agreed settlement; it did not determine whether Carnival breached consumer law or was responsible for the alleged disruption. Guardian Australia reported Justice Roger Derrington’s observation that “the enjoyment of the cruise was not as desired and, generally, the cruise was a rather unpleasant experience,” and that receiving anything through the proposed settlement “should be regarded as a victory.” Those remarks were made in the settlement context, not as a trial judgment on liability. Guardian Australia’s report Practical Law case reference

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Does the settlement mean passengers get a refund when a cruise misses ports?

No general entitlement follows from this case. It settled without a decision on liability and therefore does not establish that passengers are automatically owed a refund or compensation when weather changes a route or a port is missed. Any separate claim depends on its circumstances, the applicable contract and law, and evidence about what was promised and provided. The case coverage specifically notes that the settlement does not set precedent. Cruise Passenger’s report

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