Conflict of Laws and Vessel Ownership
[2005] Lloyd's Maritime and Commercial Law Quarterly 424-430
10 Pages Posted: 21 Mar 2015
Date Written: March 19, 2005
Abstract
Analysis of the Federal Court of Australia's conflict of laws approach to determining beneficial ownership of foreign-registered vessels in Tisand (Pty) Ltd v. The Owners of the Ship MV Cape Moreton (ex Freya) [2005] FCAFC 68, 29 April 2005, and a comparison with the approaches adopted in Singapore, New Zealand and the UK. The author concludes that the court’s meticulous and sophisticated analysis of the characterisation and choice of law issues, and its adoption of a principled, commonsense and internationalist conflicts approach, sets a new benchmark for the treatment of foreign vessel ownership disputes in the context of admiralty jurisdiction.
Keywords: Australia, admiralty jurisdiction, private international law, ownership, foreign, flag, registration, ship
JEL Classification: K1, K3, K33, K4, K41
Suggested Citation: Suggested Citation