Published 1998-09-26
Keywords
- Carriage of Goods by Sea Regulations 1998 (Cth),
- Carriage of Goods by Sea Act 1991 (Cth),
- Hague-Visby Rules,
- Hamburg Rules,
- carriage of goods by sea
- Carriage of Goods by Sea Amendment Act 1997 (Cth),
- sea carriage document,
- choice of law clause,
- interstate carriage,
- consignment note,
- choice of forum clause,
- sea waybill,
- negotiability,
- electronic sea waybill,
- electronic bills of lading,
- functional equivalence,
- time bar,
- Himalaya clause,
- period of carrier responsibility for goods,
- tackle-to-tackle,
- container yard to container yard,
- deck cargo,
- delay,
- maritime law uniformity,
- private international law,
- retrospective application ...More
Abstract
Davies presents this paper as part of Business Session 1, chaired by Paul Willee QC. The essence of Davies' argument is that the recent enactment of the Carriage of Goods by Sea Regulations 1998 (Cth), which amends the operation of the Carriage of Goods by Sea Act 1991 (Cth) and the Hague-Visby Rules, is not overly useful because it is unlikely to be applied much in Australia, unless claims that would otherwise be brought overseas find their way back to Australia.
Davies begins the article by sketching out the process of reform that culminated in the enactment of the Regulations. The author later describes and comments on the major changes to the operation of the Hague-Visby Rules that are made by the Regulations, although most of the commentary in this paper is directed to the operation of the Act and the Rules as a whole.