Australian Maritime Law Update: 2007 General Maritime Issues
University of Queensland - T.C. Beirne School of Law
Dr. Craig J. S. Forrest
The University of Queensland - TC Beirne School of Law
October 14, 2008
Journal of Maritime Law and Commerce, Vol. 39, No. 3, 2008
This article reports on recent developments in Australian regulation of fisheries and whaling in waters over which the Commonwealth asserts jurisdiction. It also takes note of recent maritime cases in Australia applying rules for service of process, the doctrine of forum non conveniens, and the test for maritime jurisdiction for a contract claim, as well as cases in which it was concluded that, in the absence of an express provision, a ship mortgage did not reach bunkers, that cargo interests must prove carrier negligence in order to recover when the Hague Rules apply, and that collision of tug and vessel on the tug's initial approach to her intended tow was not whilst towing according to United Kingdom Standard Conditions for Towage and Other Services.
Keywords: fisheries, whaling, regulation, Australia, maritime claims, jurisdiction, forum non conveniens,Hague Rules, COGSA, ship mortgage, bunkers, due diligence, seaworthiness, collision, towage, whilst towing
JEL Classification: K23, K32, K4, K40, K42, L62, L66, L79, L92, Q22
Date posted: October 20, 2008
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