The son of a passenger killed on Malaysia Airlines flight MH17 has been asked to supply them with details of his mother's income tax returns, payslips and mortgage payments to support a claim for damages that his lawyers say should not be means tested.
Tim Lauschet's mother Gabriele Lauschet, who was a teacher in Terrey Hills and engaged to be married, died when the aircraft was believed to have been shot down by a surface-to-air missile over Ukraine last July. He has received a $50,000 advance payment so far.
He told Fairfax Media he felt he was being made to "grovel for a pittance".
In the letter from Malaysia Airlines "Post Accident Office" the company asked Mr Lauschet for a shopping list of nine different documents so it can assess the "loss of financial dependency upon your mother at the time of her death".
The airline said assessment of damages would be in accordance with the general laws on damages applying to claims in NSW.
But his lawyers, Sydney law firm LHD representing a dozen other relatives or families from Australia, Malaysia and New Zealand, argued that under the Montreal Convention, which spells out compensation levels, there is no need for any reward to be means tested.
Aviation lawyer Jerry Skinner, a co-associate of the firm and based in the US, who helped negotiate $10 million in compensation from Libya for families of the Lockerbie disaster, said the convention means victims of MH17 should each be entitled to compensation of $185,000 no questions asked.
"Nowhere in the Montreal Convention itself does it say that the law of the individual victim's nation state will determine the quantum of damages," he said
"We have asked them to tell us what the legal basis is for them taking that position. They will not answer the families that have asked them that question. If you say there is some local law that provides for proving damages, tell us what it is."
Mr Springer said the Montreal scheme was to bring some fairness to international claims for deaths and injuries.
"This seems to be contrary to the whole purpose of it," he said.
Mr Lauschet said the airline was asking a lot of questions about his mum's finances and his own to try and value her life and evaluate how dependent on her her was.
"Instead of beating around the bush why can't they simply say that they will give me the amount that they are supposed to under the Montreal Convention for mum's death but for more than that I'll have to give details of our finances," he said.
"It's like all the families of the victims are on a plane a few hours behind MH17 and on the same flight path. They will come crashing to the ground only much more slowly," he said.
"It's like they see bringing mum home as the end of it but it's not. How can ordinary Australians fight an international battle on their own."
"The letter says: 'We share in this grief that you are suffering and she (Gabriele), like all other passengers and crew who were onboard this flight, remain forever in our hearts.'
"I felt sick when I read that. Are they serious? Malaysia Airlines doesn't think that or it wouldn't be trying to make me grovel. The Montreal Convention is meant to protect us from that isn't it?"
Fairfax emailed questions to the airline on Friday evening asking why the relative was being told damages would be based upon a review of the economic loss or loss of financial dependency upon a lost parent when their lawyers indicated the $180,000 should be paid without means testing.
A spokeswoman said that the timing of a response was very difficult because of the approval process in Malaysia.
