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Australian Maritime Law Update: 2007 General Maritime Issues

Posted: 20 Oct 2008  

Michael White

University of Queensland - T.C. Beirne School of Law

Craig J. S. Forrest

The University of Queensland - TC Beirne School of Law

Date Written: October 14, 2008

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

Suggested Citation

White, Michael and Forrest, Craig J. S., Australian Maritime Law Update: 2007 General Maritime Issues (October 14, 2008). Journal of Maritime Law and Commerce, Vol. 39, No. 3, 2008. Available at SSRN: https://ssrn.com/abstract=1284631

Michael White (Contact Author)

University of Queensland - T.C. Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

Craig J. S. Forrest

The University of Queensland - TC Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

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