Which Rules for Australian Maritime Trade? The Controversy Continues

Résumé

In this paper, Hannah aims not to reiterate points made in pre-existing literature about the relative merits of current marine cargo liability regimes prior to the introduction of the Hamburg Rules, but to look at the issues raised by s 3 of the Carriage of Goods by Sea Act 1991 (Cth). It is on the basis of matters raised in s 3 that Australia's decision to change to the Hamburg Rules is to be taken.

Hannah observes that, at the time, none of Australia's major export trading partners had the Hamburg Rules in force, nor did any of Australia's major import sources. After analysing the aims listed in s 3 of the COGSA, Hannah concludes that there must be real advantages for Australia before adopting the Hamburg Rules, and that the change should not be made merely because the Rules are there. On this point, while there are legal advantages for Australia in adopting the Hamburg Rules, there must also be economic advantages, which was currently uncertain, or, at best, doubtful.