Australian and New Zealand Maritime Law Journal

2007: Conference Proceedings
Addresses

Frank Stewart Dethridge Memorial Address 2007: From Lutine Bell to Law Reform - A Case Study in Australian Admiralty Law

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  • The Hon Justice Michael Kirby AC CMG

Published 2007-09-27

Keywords

  • Australian Admiralty jurisdiction,
  • ALRC Report on Civil Admiralty Jurisdiction 1986,
  • 1982 Admiralty Jurisdiction in Australia report,
  • Admiralty Act 1988 (Cth),
  • Admiralty Rules (Cth),
  • maritime law reform,
  • Colonial Courts of Admiralty Act 1890 (UK),
  • civil admiralty jurisdiction,
  • ship arrest,
  • surrogate ship arrest,
  • action in rem,
  • proof of ownership,
  • relevant person test,
  • corporate veil,
  • private international law,
  • maritime law uniformity,
  • Australian Constitution
    • ...More
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Abstract

In this address, Justice Kirby reflects on the Australian Law Reform Commission's 1986 report on Civil Admiralty Jurisdiction (ALRC 33), considering the achievement itself, what has been secured, and what may lie ahead. The broader purpose of Justice Kirby's address, moreover, is to highlight the importance of law reform bodies such as the ALRC, using the ALRC report on civil admiralty jurisdiction as a case study. The author argues that that report is an important example of the success which can be achieved by law reform agencies, given proper governmental and parliamentary support.

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