Australian Maritime Law Update: 2007 General Maritime Issues

Abstract:     
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

Accepted Paper Series