2004: Conference Proceedings
Articles

Marine Insurance: Legal Sleeping Dogs

Published 2004-09-29

Keywords

  • marine insurance,
  • carriage of goods by road,
  • carriage of goods by air,
  • carriage of goods by sea,
  • limitation of liability,
  • carrier liability,
  • Marine Insurance Act 1909 (Cth),
  • Hamburg Rules,
  • nautical fault defence
  • ...More
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Abstract

This paper was presented as part of Business Session 1, on the topic of 'Insuring Marine Risks in the Modern Day', which was chaired by Peter McQueen. The second page of the paper contains a short biography of the author.

Hill introduces his paper as follows:

It is usually considered sound advice to let sleeping dogs lie and in a legal sense many laws are best left unchanged. Others may benefit from a review whilst some legal sleeping dogs definitely need to be awoken. This paper will identify laws impinging on the business of marine insurance in Australia and New Zealand and will consider arguments for either leaving them alone, giving them a gentle shake or, in some cases, a sharp kick in the ribs.

Hill contends that the laws in the greatest need of reform are the marine insurance acts of both Australia and New Zealand, and the laws of each country relating to the carriage of goods by sea.