Vol. 29 No. 2 (2015): Australian and New Zealand Maritime Law Journal
Articles

Cruise Ship Operators, Their Passengers, Australian Consumer Law and State Civil Liability Acts - Part 1

Published 2022-02-10

Abstract

This paper canvasses the provisions of the Consumer Laws and State Civil Liability Acts as applicable to claims by passengers for personal injuries. The paper is in two parts. Part One outlines the common law position, and an overview of the provisions at state and federal levels. it then focuses on the statutory guarantee that services will be rendered with due care and skill.

Part Two considers the interaction between the two sets of provisions with particular reference to passenger claims for personal injury. It concludes by suggesting that the Athens Convention might provide both parties with a clearer regime