The New Lawyer understands Freehills is advising Qantas in the case. The firm is yet to confirm this.

Qantas filed an application with the Federal Court as it argued the agreement with SAA will benefit the public.

Travel Weekly reports today the escalation of the issue to the courtroom follows a ruling by the International Air Services Commission (IASC) to reject a bid by both airlines to extend the codeshare for five years.

The IASC said it would not extend the deal past this year, and said the move would deter new entrants between Australia and South Africa. Qantas has rejected IASC’s conclusions.

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In a report by Travel Weekly, a Qantas spokeswoman said:  “We believe the codeshare arrangements are of benefit to the public and we are therefore disappointed that the Commission has indicated it will not approve them beyond the end of this year. Qantas has applied to the Federal Court for a Judicial Review of the decision.” 

Qantas has previously said termination of the codeshare would eventually lead to only one carrier operating between the two countries.

South African Airways declined to comment beyond its statement issued in March when it said it would “review its options and will announce any potential change in due course”.