Published 2014-09-10
Keywords
- Marine Pollution Act 1987 (NSW),
- marine pollution,
- oil pollution,
- the 'Magdalene',
- criminal liability for oil pollution damage
- Crimes (Sentencing Procedure) Act 1999 (NSW),
- maritime disaster,
- environmental damage,
- pollution clean-up costs,
- the 'Bulk Peace',
- ship arrest,
- surrogate ship arrest,
- sister ship,
- Admiralty jurisdiction,
- time charterparty,
- relevant person test,
- Admiralty Act 1988 (Cth),
- cross-border insolvency,
- maritime lien,
- security ...More
Abstract
This paper contains the slides for Lynch's presentation about hot topics in maritime law in Australia. Lynch considers three core topics: the first is the case Newcastle Port Corporation v MS Magdalene Schiffahrtsgesellschaft MBH; Newcastle Port Corporation v Vazhnenko [2013] NSWLEC 210, the second is the case Shagang Shipping Co Ltd v Ship 'Bulk Peace' as surrogate for the Ship 'Dong-A Astrea' [2014] FCAFC 48, and the last is the topic of cross-border insolvency as an impediment to ship arrest in Australia, as inspired by the case of Yu v STX Pan Ocean Co Ltd (South Korea) in the matter of STX Pan Ocean Co Ltd (receivers appointed in South Korea) [2013] FCA 680.