British Civil Admiralty Jurisdiction in Australia: 1788–1988

Abstract

Until the passage of the Admiralty Act 1988 (Cth) admiralty jurisdiction in Australia was governed by British legislation. This occurred through the commission of Vice Admiralty Courts in Australia and then through the establishment of Colonial Courts of Admiralty under the Colonial Courts of Admiralty Act 1890 (Imp). This article examines the exercise of civil admiralty jurisdiction through British enactments, the uncertainties and limitations of which became the impetus for Australia enacting the Admiralty Act 1988 (Cth). I conclude that the jurisdiction conferred under the Admiralty Act 1988 (Cth) can be better understood through understanding the civil admiralty jurisdiction which was formerly conferred by British legislation.