Aerial video has been released showing the progress of efforts to collect debris from the crash site of Malaysia Airlines Flight 17, four months after the plane was brought down. Courtesy of Ru-RTR
Members of the Ukrainian State Emergency Service search for bodies in a field near the crash site of the Malaysia Airlines Flight MH17. AFP/ BULENT KILIC Source: AFP
AUSTRALIAN families caught up in the MH17 disaster are preparing to sue Russia, the Ukraine and Malaysia over the loss of their loved ones, as well as Malaysia Airlines.
Aviation lawyer Jerry Skinner is representing eight Australian families bereaved by the tragedy, from New South Wales, Canberra, Victoria, Queensland and South Australia.
MH17: Malaysia Airlines facing legal action over flight path
A total of 38 Australian residents and citizens were among the 298 passengers and crew on board the Malaysia Airlines' flight, when it was shot down over eastern Ukraine on July 17.
Final journey...The wreck of MH17 is being moved from the crash area by train to The Netherlands, where the aircraft will be reassembled for investigation. Picture: Ella Pellegrini Source: News Corp Australia
Mr Skinner — a specialist in aviation claims, based in Alaska — said he was awaiting further information before filing in the European Court of Human Rights but warned the case would be "very broad".
"We don't want to file an action that's incomplete," said Mr Skinner who negotiated a $2.7 billion settlement for the 270 victims with Libya over the 1988 Lockerbie disaster.
"This is a very complicated matter."
Mr Skinner expressed surprise that a German mother had filed solely against the Ukraine for failing to close airspace over the war zone, suggesting the case was shortsighted.
Professor Elmar Giemulla is acting for the woman who is seeking $1.2 million from the Ukraine for "negligent homicide".
On the move...Parts of the wreckage of the Malaysia Airlines' Flight MH17 are removed and loaded on a truck at the crash site near the village of Grabove in eastern Ukraine. Picture: AFP Source: AFP
Prof Giemulla told News Corp he hoped other families with loved ones on board MH17 followed suit.
"It is a very political case and it needs public attendance," said Prof Giemulla.
"Each government bears responsibility for its state territory which the airspace is part of.
"If a government is not in a position to settle disputes on the ground with a possible involvement of the airspace, then this government must close its airspace."
He said he did not intend to sue Malaysia Airlines because they had "reacted not unreasonably".
"The centre of gravity of wrongs rests with the Ukraine," Prof Giemulla said.
"The global community must rely on the responsibility flowing from the aspect of sovereignty."
Protests during the November G20 summit in Brisbane pointed the finger at Russia and President Vladimir Putin. Picture: AP Photo Source: AP
Mr Skinner rejected the notion the Ukraine should bear sole responsibility for the tragedy but said he was waiting on information currently with lead investigative agency, the Dutch Safety Board.
"Everybody has a pretty good idea of why the plane crashed," he said.
"What we need is the political information obtained that identifies the actors who made the operational decisions."
The matter of compensation was likely to be included in any lawsuit which could be lodged as early as April or May next year, Mr Skinner said.
Malaysia Airlines has always insisted it will meet its obligation to compensate relatives of those killed when the Boeing 777 was shot down on July 17.
Under the Montreal Convention, the airline is liable to pay about $180,000 compensation for each life lost.
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