Australian and New Zealand Maritime Law Journal

1993: Conference Proceedings
Addresses

Frank Stewart Dethridge Memorial Address 1993: Limitation of Maritime Claims

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  • The Hon Mr Justice Peter Heerey

Published 1993-11-08

Keywords

  • limitation of liability,
  • Merchant Shipping Act 1894,
  • Navigation Act Amendment Act 1979,
  • Navigation Act 1912,
  • Hague Rules 1924,
  • maritime claims,
  • actual fault or privity,
  • LLMC 1976,
  • Limitation of Liability for Maritime Claims Act 1989 (Cth),
  • Special Drawing Rights,
  • personal act or omission,
  • intent or recklessness to cause loss or damage
    • ...More
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Abstract

Heerey begins by briefly discussing the history of liability limitation for shipowners in the UK and Australia. The bulk of the paper is committed to comparing the limitation criteria under the 'old law' (the regime prior to 1991 and to the introduction of the LLMC 1976 and the 1989 Australian legislation giving force to it), and the 'new law' (the LLMC 1976 regime as adopted in Australia in 1989). In doing so, Heerey discusses a range of applicable cases from Australia and elsewhere.

Heerey concludes that the 'new law' raises substantial barriers for those who seek compensation and loss suffered as a result of the negligent operation of seagoing ships.

This copy of the address was originally published in Volume 10, No 1 of the MLAANZ Journal (1994).

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