Trans-Tasman Ship Arrests: A Missed Opportunity

Abstract

The Australia-New Zealand Closer Economic Relations Trade Agreement, the Single Economic Market initiative and the Trans-Tasman (Proceedings) Acts (TTPA) of Australia and New Zealand have brought both countries closer in trade, commerce and law. Importantly, the TTPAs have made it easier to initiate proceedings or to have judgments recognised and enforced between Australia and New Zealand. This allows trans-Tasman civil disputes to be resolved more effectively and efficiently. However, despite these improvements, actions in rem and arresting property have been excluded from the TTPAs. This exclusion means that the majority of Admiralty law is also excluded from the TTPAs.
This paper enquires into the reasons for excluding actions in rem under the TTPAs and whether there is a more effective way of dealing with trans-Tasman Admiralty disputes in light of the commercial and legal developments that have taken place between Australia and New Zealand.