Multimillion-dollar settlement for passengers on trip described by lawyer as ‘cruise from hell’ – as it happened

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Key events

What we learned, Thursday 27 February

Catie McLeod

That’s where we’ll leave the blog for today. Have a good evening – we’ll be back with more news for you tomorrow.

Here were today’s major developments:

  • Queensland police say they have seized a car in their investigation into yesterday’s fatal shooting of a 27-year-old woman on a suburban street in Toowoomba.

  • Qantas released its half-yearly financial results, showing the airline enjoyed a bumper $1.39bn pre-tax profit in the six months to the end of 2024, thanks to improved profitability and a 10% uptick in customers.

  • In more aviation news, Qatar Airways’ acquisition of a 25% stake in Virgin Australia was approved by the federal government, subject to conditions.

  • Passengers will receive almost double what they paid to take a trip on what their lawyer dubbed the “cruise from hell”, after a settlement was reached in a class action over the a May 2017 journey on the P&O Cruises Pacific Aria.

  • A “suspicious” device that washed ashore on a Gold Coast beach and led to it being closed for several hours was confirmed to be a practice torpedo.

  • Former NSW Liberal MP Rory Amon has been committed to stand trial over multiple alleged sexual assaults.

  • The Victorian government has moved to seize planning controls of 25 suburbs such as Prahran, South Yarra and Windsor in an effort to increase density and build more homes.

  • New analysis is suggesting an “unprecedented” marine heatwave off the coast of Western Australia that has caused coral bleaching at Ningaloo Reef and mass fish kills extends down to deep-sea waters.

  • Gambling giant Sportsbet confirmed it will no longer advertise live betting odds and multi-bet options during sport broadcasts, acknowledging strong community criticism.

  • And 21-year-old Jack Gibson-Burrell, the man police allege is behind Melbourne’s infamous “Pam the Bird” graffiti, was granted bail to live with his grandmother.

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Passengers from 2017 P&O cruise to receive double the price of their ticket in multimillion-dollar settlement

Staying with that AAP story, P&O Cruises’ parent company Carnival denied liability, pointing to ticketing terms expressly rejecting any guarantees and giving the cruise operator the ability to alter a cruise’s circumstances. The firm also argued it had reasonably anticipated the voyage would proceed appropriately when it departed.

But after mediation the company agreed to pay more than $2.4m to settle the matter.

Legal costs for the class action were capped at $1m, with about $1.2m to be paid out to class-action members after administration fees and taxes.

The passengers will receive the $944 median cost of a ticket on the cruise as well as an additional $900 in damages, while the lead applicant is owed an extra $2,000.

The court noted they would have faced hurdles in showing Carnival was liable in any manner and would have to establish disputed facts about whether the conditions were the result of a cyclone, as opposed to localised weather systems.

“The fact that the class members receive anything by the proposed settlement should be regarded as a victory,” Derrington said, noting the case was likely settled for commercial reasons to avoid risk.

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Multimillion-dollar settlement for passengers on trip described by lawyer as ‘cruise from hell’

Passengers will receive almost double what they paid to take a trip on what their lawyer dubbed the “cruise from hell”, AAP reports.

The May 2017 journey on the P&O Cruises Pacific Aria left passengers disappointed after the ship hit rough conditions, curtailing onboard activities and preventing them visiting planned ports on the trip from Brisbane to New Caledonia.

They launched a class action lawsuit, which resulted in a multimillion-dollar settlement that was finalised on Thursday.

“The enjoyment of the cruise was not as desired and, generally, the cruise was a rather unpleasant experience,” Roger Derrington, a federal court justice said.

Peter Carter, a class action lawyer, had previously described the trip as a “cruise from hell” which left passengers so scared they stayed in their cabins.

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Police seize car after woman fatally shot on Toowoomba street

A manhunt is under way after a woman was fatally shot on a suburban street in broad daylight on Wednesday, AAP reports.

Police were called to a North Toowoomba home about 2pm after reports of a disturbance and found a 27-year-old woman on the footpath with multiple serious injuries. Surrounding city streets were locked down and residents warned to stay indoors after the woman was discovered on Wednesday afternoon.

She was taken to hospital in a critical condition but later died.

Police do not know how many offenders were involved and have not found a weapon. A white Toyota Camry sedan believed to be linked to the shooting has been seized, with police releasing images of the vehicle on Thursday.

“We’re still seeking further information to ascertain … how many people may have been in the area and involved in this incident,” Acting Detective Inspector Brian Collins told reporters on Thursday.

Investigators are calling for any witnesses around West and Christmas Street in North Toowoomba on Wednesday from 1.30pm to 2pm to come forward. It is understood the victim did not live at either address.

Investigators are also seeking anyone who saw the Toyota Camry in the area or near Gladstone Street.
Det Collins said the incident was concerning but did not believe there was any risk to the community. “We’re confident that it’s not a random attack however, at this point in time, we’re still trying to investigate exactly what occurred,” he said.

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Man allegedly behind Melbourne’s ‘Pam the Bird’ graffiti to contest all charges

Guardian Australia’s Victorian state reporter Adeshola Ore was in court in Melbourne earlier today to bring you the latest on the legal matter involving the young man who is allegedly behind Melbourne’s prolific “Pam the Bird” graffiti.

A image of “Pam the Bird” seen on a building in Melbourne. Photograph: Diego Fedele/AAP

Jack Gibson-Burrell, 21, has been granted bail to live with his “no nonsense” grandmother. He was released after flagging he will fight more than 50 offences, including criminal damage estimated to be worth more than $200,000, aggravated burglary, shop theft and stealing a motor vehicle.

Police have alleged Gibson-Burrell was the sole person behind the infamous signature cartoon-like bird which has been graffitied across Melbourne and Geelong on property and heritage buildings including the Flinders Street station clock.

Gibson-Burrell has indicated he plans to contest all the charges.

You can read our full story from today’s court hearing here:

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Catie McLeod

Catie McLeod

Hi, I hope you’ve had a good day so far. I’ll be with you on the blog until this evening.

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Emily Wind

Emily Wind

Many thanks for joining me on the blog today, Catie McLeod will be with you for the rest of the afternoon. Take care.

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Students for Palestine holds protest over definition of antisemitism agreed to by universities

Caitlin Cassidy

Caitlin Cassidy

Students for Palestine has held a protest in Melbourne warning a definition of antisemitism agreed to by universities could have a “chilling” effect on grassroots protests.

The body, which represents a coalition of school and university students, participated in last year’s pro-Palestine encampments across Australian universities. Its members gathered outside the state library this afternoon, urging universities to reject the definition and for staff to oppose it.

The definition adopted by Universities Australia this week notes criticism of Israel is not in itself antisemitic but “can be”, including “when it calls for the elimination of the state of Israel”.

Jewish co-convener of Students for Palestine, Yasmine Johnson, said the new definition, which was adopted this week by Universities Australia members, “dangerously conflates Zionism with Judaism”.

Many Jewish students and staff members do not identify with the political ideology of Zionism and in doing so, the Universities Australia definition actually silences critical Jewish voices. Especially those of us who have, over the course of this genocide, maintained that Israel does not speak for us.

The adoption of a sector-wide definition emerged as a key recommendation of a report on antisemitism on Australian university campuses, which found there was an “urgent need for reform” to ensure the safety of Jewish students and staff.

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Cait Kelly

Cait Kelly

NDIS chief says new plans will eventually be longer than 12 months

Back to the community affairs Senate estimates for a second: the chief executive officer of the National Disability Insurance Agency, Rebecca Falkingham, has clarified that new plans will eventually be longer than 12 months.

When the government announced the changes, it said each new plan would initially last for 12 months. Falkingham said this will change as time passes:

That’s a big feature … to be able to give participants a much longer plan. So we will speak to participants.

And obviously, there’s a range of factors that will go into determining those time periods, but that’s most definitely [the plan to be] not only more flexible, but [to have] longer plans.

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Benita Kolovos

Benita Kolovos

Victorian opposition lashes government’s proposal to increase density in 25 more suburbs

The Victorian opposition’s planning spokesperson, Richard Riordan, has lashed the state government’s proposal to increase density in 25 more suburbs across the inner city.

He said the plans released by the government to seize planning controls in areas such as Prahran, South Yarra and Windsor “puts fear in homeowners and tenants and communities right across Melbourne”:

It says to them, the city, the neighbourhood, the community that you have loved … that you live in and have cherished for your life or for your family, is now under threat and will not be the same into the future.

Not only not the same, but vastly different. It’s not going to resemble the Melbourne and the city that everyone has loved and has made us one of the most livable cities for a long time.

There is more to housing and the way people want to live than being on top of a train station in a 20 storey tower or in a once leafy street now filled with six storey apartment blocks. That is not the Melbourne that people voted for.

The Victorian opposition’s planning spokesperson, Richard Riordan. Photograph: Ellen Smith/The Guardian
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Tory Shepherd

Tory Shepherd

China is pushing police into the Pacific, a Senate estimates committee has heard

A range of agreements have been struck between China and Pacific islands, some of which include policing cooperation.

Elizabeth Peak from the Department of Defence, Foreign Affairs and Trade said “we’re seeing China push into the Pacific … we see no role for China in the security sector in the Pacific”.

The foreign affairs minister, Penny Wong, said it’s a situation of “permanent contest” in the region, and that policing is where “some of these matters play out”.

Here is a detailed and fascinating piece on the network of agreements and the concerns on policing:

And you can read about the recently signed China/Cook Islands agreement here.

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Watch: update on Tropical Cyclone Alfred

The Bureau of Meteorology has provided an update on Tropical Cyclone Alfred, which has been tracking through the Coral Sea well off the Queensland coast this week:

Severe Weather Update: Update on Tropical Cyclone Alfred.

Video current as of 11:00am AEST Thursday 27 February 2025.

Know your weather, know your risk. For the latest forecasts and warnings, go to our website https://t.co/4W35o8iFmh or the BOM Weather app. pic.twitter.com/uNij69SMBz

— Bureau of Meteorology, Australia (@BOM_au) February 27, 2025

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Tory Shepherd

Tory Shepherd

Paterson asks Wong if government is ‘less supportive’ of Israel than previous one

Earlier in Senate estimates, the shadow home affairs minister, James Paterson, asked foreign affairs minister Penny Wong about a range of UN votes on Israel and Palestine, and how Australia’s position had shifted (short answer: it’s nuanced).

Now, after the lunch break, he gets to the nub:

Do you think it’s fair to say that the government’s position is less supportive of or less close to Israel than the previous government?

Wong says Australia’s position is more consistent with most of the international community and progress towards a two-state solution.

Paterson asks if there’s a substantive difference between the two major parties. Wong says opposition leader Peter Dutton hasn’t expressed support for the two-state solution.

Paterson protests. It continues.

The shadow home affairs minister, James Paterson. Photograph: Mick Tsikas/AAP
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Read more: Victoria moves to seize planning controls in affluent suburbs

It’s been a busy day on the blog so far. Just looking back to earlier this morning, here is our full story on the Victorian government’s move to seize planning controls of 25 suburbs and build more homes:

And here are all the details on that mysterious device – now confirmed to be a practice torpedo – that washed ashore on a Gold Coast beach and led to it being closed for a number of hours:

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Fire risk remains for parts of Victoria this autumn

Large swathes of western and central Victoria, as well as south and west Gippsland, are facing an increased fire risk in early autumn, according to the latest seasonal bushfire outlook.

A statement from Victoria Emergency said a lack of rain over the past 12-24 months has led to increased fuel in forests and heathlands – which has already led to large, fast-running fires in the Grampians over summer.

Forecast warmer than average maximum temperatures might increase fuel availability, making it easier for fires to start and spread.

Across the rest of the state, Victorians can expect normal fire potential.

The emergency management commissioner, Tim Wiebusch, said:

The Grampians and Little Desert fires showed just how fast fires can start and spread. With no significant rainfall expected this autumn, we all must remain vigilant the risk of fire across the state.

Understand your local risks, never rely on one source of emergency information and tune in to your local emergency broadcaster.

Woman shelters 20 orphaned joeys in her home from Grampians bushfire – video

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Thousands of NDIS customers estimated to be impacted by fraud

Cait Kelly

Cait Kelly

In Senate estimates, the chief executive officer of the National Disability Insurance Agency (NDIS), Rebecca Falkingham, said 140 active cases of NDIS fraud are now being investigated, up from 100 in December.

She was answering a question from Labor senator Louise Pratt, who wanted to know how the fraud taskforce was going. Falkingham said:

At the 31st of December 2024, there were 100 active fraud operations being led by the NDIA, the NDIS Commission Services Australia and the Australian Skills and Quality Authority.

530 investigators, including 50 persons [who were] referred to the commonwealth Director of Public Prosecutions or are currently before the courts. And over 18,000 customers of government services are estimated to be impacted.

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