BRISBANE— A Sydney family has filed a lawsuit in the Federal Court against Virgin Australia (VA), alleging the carrier discriminated against their two children with reduced mobility during a flight from Brisbane (BNE) to Bali (DPS).
The family claims cabin crew denied both twins access to the forward lavatory in front of other passengers, forcing the children to walk the full length of the cabin without assistance.
The Sydney (SYD) family has also named the Department of Foreign Affairs and Trade (DFAT) and Virgin’s parent company, Bain Capital, in the proceedings. The dispute reached the Federal Court after the Australian Human Rights Commission terminated the family’s complaint in December 2025.
Virgin Australia Allegations of Inaccessible Treatment Onboard
The family alleges the airline knew about the children’s reduced mobility before the flight yet offered no reasonable adjustments.
Court documents seen by AAP state the twins were directed to traverse the full length of the aircraft cabin without help, despite the carrier’s prior knowledge of their condition.
The parents wrote that the absence of any accommodation made the travel environment inaccessible and unsafe for the children.
According to the pleadings, the twins experienced significant psychological distress and functional regression as a result. The documents describe heightened anxiety, fear associated with air travel, and increased dependency on their parents.
The parents also state they suffered psychological distress and trauma from witnessing their children treated this way and from the events that followed, Australian Associated Press reported.
Claims Against DFAT and Bain Capital
The family became stranded in Bali in August 2025 and has sued DFAT over alleged failures to provide consular assistance. The pleadings claim the government compounded the harm by supplying inaccurate information to other Commonwealth agencies and withdrawing support prematurely.
The parents wrote that this conduct disrupted the family’s support arrangements, including reliance on extended family carers, and caused ongoing anxiety and loss of confidence in accessing public and transport services.
The family further alleges Bain Capital failed to intervene in August 2025 to prevent further discriminatory conduct. The parents are seeking compensation, including damages and aggravated damages, from Virgin and Bain. They are also seeking orders requiring the airline to correct its governance and policies.
Human Rights Commission Findings
Before the matter reached the Federal Court, it went before the Australian Human Rights Commission, which terminated the complaint in December 2025.
Delegate Rachel Holt found the discrimination claims against Virgin were reasonably arguable but could not be resolved through private negotiation.
Holt found the claims against Bain and DFAT lacked substance. She stated Bain was not aware the children had disabilities. She also found that any alleged shortcomings in the federal government’s consular assistance were not related to the boys’ physical ailments.
Airline and Government Responses
In submissions to the commission, DFAT denied breaching discrimination law. The department argued the family could not demonstrate how they had been treated less favourably than someone without a disability.
A Virgin Australia spokesman declined to comment on the ongoing court case beyond confirming the firm was aware of the allegations.
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