2014: Conference Proceedings
Conference Presentations

Hot Topics

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
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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.