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MH17 means test for compo

The lawyers representing some of the families of MH17 victims say there will be a meeting later this week about Malaysia Airlines’ compliance with an international treaty on compensation.

International aviation lawyer Jerry Skinner is representing a dozen victims of MH17 from Australia, Malaysia and New Zealand.

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Mr Skinner said one of his Sydney clients, Tim Lauschet, has been asked to provide financial information about his mother, one of the 298 people killed when the airliner was downed over Ukraine last year.

He said Mr Lauschet — who lost his mother Gabriele Lauschet in the plane crash — had been asked for inappropriate financial documents at this stage of compensation negotiations and payments.

Mr Skinner said initial compensation payments made to families should not be means tested, in line with the Montreal Convention which governs airline liability globally.

“I’m not sure what the next step my clients are going to take is,” Mr Skinner said.

“We the attorneys for that group are having a conference this week and it may be we try and approach Malaysia Airlines and discuss it with them and it may be that we take legal action to try and compel them to comply with the treaty.”

Mr Skinner said means testing at this stage was unfair.

“There may be cases on board the plane where means testing would determine that they’re not even worth the $50,000 that was paid as an advance payment not to mention the $180,000 which is intended as a strict liability payment.”

Malaysia Airlines has been asked for comment.

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