Overview

Six years have passed since the last edition of this book. In that time numerous decisions have been handed down in admiralty by various courts both in Australia and overseas. The Federal Court of Australia continues as an important source of the law in the area, but the High Court of Australia has also handed down several decisions of significance too. Overseas decisions include those given by courts in England, Canada and South Africa. This new edition takes into account those developments and most significantly is expanded to provide an analysis of the law in New Zealand as well. Admiralty jurisdiction in Australia does not differ greatly from admiralty jurisdiction in New Zealand. This new edition therefore covers the jurisdiction in both countries and does so comprehensively. The Admiralty Act 1988 of Australia and the Admiralty Act 1973 of New Zealand are both discussed in detail as are the Admiralty Rules of Australia and Part 14 of the High Court Rules of New Zealand. The work thus ensures that the procedural aspects of the jurisdiction are considered in depth, in each country.As well, the work contains useful precedents to guide practitioners in daily practice in the area. No other published work in Australia or New Zealand deals with the jurisdiction in both countries in this way. Readers will find also a helpful bibliography for further reference. Anyone involved in the practice or teaching of maritime law in Australia or New Zealand will want to make sure they obtain their copy.

Full Product Details

Author:   Damien J. Cremean
Publisher:   Federation Press
Imprint:   Federation Press
Edition:   2nd edition
ISBN:  

9781862874671

ISBN 10:   1862874670
Pages:   336
Publication Date:   June 2003
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Out of stock  
The supplier is temporarily out of stock of this item. It will be ordered for you on backorder and shipped when it becomes available.

Table of Contents

Foreword by The Rt Hon Sir Ninian Stephen KG, AK, GCMG, GCVO, KBE Introduction Nature of admiralty jurisdiction/ Origins of admiralty jurisdiction/ Local development/ Jurisdiction overview/ Constitutional powers Courts and Jurisdiction Introduction Courts: Admiralty actions/ Proceedings in rem and in personam/ Transfer and remittal of proceedings Jurisdiction: Admiralty claims/ Places/ Ships/ Foreign aspects Admiralty Claims Introduction Possessory maritime claims: Possession, title or mortgage/ Co-ownership/ Satisfaction or enforcement of judgments/ Interest General maritime claims: Damage/ Oil pollution/ Loss of life or personal injury/ Acts or omissions/ Loss of or damage to cargo/ Agreements relating to carriage or hire/ Salvage/ General average/ Towage/ Pilotage/ Supplies/ Ship construction/ Alteration, repair or equipping of a ship/ Port and harbour dues/ Levies/ Disbursements/ Insurance/ Wages/ Arbitral awards/ Interest Other admiralty claims: Damage received/ Unjustified arrest etc/ Bottomry/ Forfeiture/ Former jurisdiction Associated matters Admiralty defences: Defences generally/ Jurisdictional issue/ Limitation of actions/ Limitation of liability Practice and Procedure Introduction Practice matters: Generally/ Forum non conveniens/ Stay: international arbitrations/ Retention of res in stayed proceedings/ Concurrent proceedings/ Res under arrest: transferred or remitted proceedings/ Jury trial Right to proceed in rem: Generally/ Maritime liens/ Australian provisions/ Proprietary maritime claims/ Owner's liabilities/ Demise charterer's liabilities / Surrogate ships/ Government ships and property/ New Zeaalnd provisions/ Generally/ Particular ships/ Sister-ships Procedural rules: Generally / Commencement of proceedings/ Service/ Appearance/ Statements of claim/ Arrest/ Caveats against arrest/ Custody of the res/ Bail/ Release/ Caveats against release/ Preliminary acts/ Valuation and sale/ Other matters Other procedural rules: District Courts: New Zealand/ Supreme Courts: Victoria and New South Wales Precedents Introductory note/ Possession/ Co-ownership/ Mortgage /Damage done by ship /Damage received by ship/ Personal injuries /Cargo claim / Charterparty/ Salvage Appendices Admiralty Act 1988 (Cth) Admiralty Rules 1988 (Cth) Admiralty Act 1973 (NZ) |High Court Rules (NZ) Part 14 Table of Cases/ Table of Statutes/ Bibliography/ Index

Reviews

Professor Cremean's text carefully, clearly and authoritatively deals with the complexity of Admiralty law and the peculiarities of its practice and procedure. ... As with the first edition, ... this edition is an extremely handy practice volume including the full text of the legislation and the rules and the author's commentary. Some useful precedents are also provided ... All commercial lawyers at some stage or another deal with shipping or admiralty. This is a readable and authoritative text. - Victorian Bar News, No 128, Autumn 2004

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