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

Can You Arrest Bunkers in Australia?

Published 2022-02-10

Abstract

Whether bunkers can be arrested in Australia has not been finally decided. The Full Court of the Federal Court, in 2005, indicated in obiter dicta that bunkers could be arrested. A differently constituted Full Court of the Federal Court, in 2006, indicated in obiter dicta that bunkers could not be arrested. Since that time there has been no case deciding the point. This paper traces the history of bunkers and the arrest of bunkers in England and then Australia. It analyses the Full Court of the Federal Court's decision in the Taruman and suggests why a future Full Court of the Federal Court may decide differently.