Published 2002-10-02
Keywords
- Admiralty Act 1988 (Cth),
- Australian Admiralty jurisdiction,
- public policy,
- ship arrest,
- judicial sale of vessel
- surrogate ship arrest,
- maritime claims,
- Arrest Convention 1999,
- maritime law uniformity,
- Australian Maritime Safety Authority (AMSA),
- AMSA/Federal Court Memorandum of Understanding,
- Admiralty Rules (Cth) ...More
Abstract
This paper was presented as part of Business Session 1, on the topic of 'Admiralty: Issues in Administration and Case Management', which was chaired by Ron Salter. The second page of the paper contains a short biography of the author.
In this paper, Thompson aims to: a) set the Admiralty Act 1988 (Cth) in its historical context; b) review the policy objectives which underpinned the Act and review whether those policy objectives remain valid; c) assess the utilisation of the remedies available under the Act; d) review briefly the judgments of the High Court of Australia concerning the Act; e) examine options for reform, particularly in the context of the 1999 Arrest Convention; f) examine the merits of working towards trans-Tasman uniformity of admiralty legislation; and g) note the adoption of a Memorandum of Understanding between AMSA and the Federal Court of Australia.
In concluding, Thompson assesses the extent to which the Act has met, and is likely to continue meeting, the stated policy objectives which led to its enactment.