Admiralty Law

This subject has the following teaching availabilities in 2009:

Students who have completed International Carriage of Goods may not undertake this subject.

Objectives:

A student who has successfully completed this subject should:

• Understand the sources, scope and operation of Australian admiralty jurisdiction, including:
  • When the admiralty remedy of arrest of ships and other property is available and the consequences of exercising that remedy
  • The courts that exercise Australian admiralty jurisdiction and the procedures associated with it
  • The priorities of claims in admiralty both inter se and as against non-admiralty claims
• Have some understanding of the operation of the admiralty jurisdiction in other comparable countries, as well as under the Arrest Convention
• Have some knowledge of the law relating to the registration and ownership of ships in Australia, as well as the charges that may be held or taken over a ship
• Be aware of the law relating to the towage and pilotage of ships Be familiar with the law relating to collisions and liability for damage done by ships
• Understand the law relating to the limitation of liability by shipowners, including its effect on forum selection Have a working knowledge of the operation of the Salvage Convention 1989
• Be aware of the sources of law dealing with wrecks and marine pollution
• Have acquired an overview of the regulation of Australian shipping (and of foreign ships visiting Australian waters) and Australia’s sovereign rights in the territorial sea and over the Exclusive Economic Zone (as related to shipping).

Syllabus:

Principal topics will include:

• Introduction to shipping law and the sources, scope and division of shipping powers in Australia
• Overview of the law regulating shipping in Australia (including relevant private international law aspects of the law of the sea) Registration and ownership of ships
• Classification of charges over ships
• The exercise of admiralty jurisdiction in Australia, including:
  • Claims that can be brought in admiralty; the arrest of ships, surrogate ships and other property; procedural aspects concerning the exercise of admiralty jurisdiction; the priority of claims in admiralty; a comparison of Australian admiralty jurisdiction with that of other comparable countries
• Pilotage and towage
• The law relating to collision and claims for damage done by ships Shipowners’ limitation of liability, including forum selection
• Salvage
• Wrecks and marine pollution
• Other aspects of the regulation of Australian shipping and foreign flagged vessels visiting Australia.

• Take-home examination (100%) (19–22 June)
  
  or
  
• Research paper 10,000 words (100%) (30 July) (topic approved by the subject coordinator)
  
  or
• Take-home examination (50%) (19–22 June)
  Research paper 5,000 words (50%) (30 July) (topic approved by the subject coordinator)

This subject is not available as a breadth subject.

Objectives:

A student who has successfully completed this subject should:

• Understand the sources, scope and operation of Australian admiralty jurisdiction, including:
  • When the admiralty remedy of arrest of ships and other property is available and the consequences of exercising that remedy
  • The courts that exercise Australian admiralty jurisdiction and the procedures associated with it
  • The priorities of claims in admiralty both inter se and as against non-admiralty claims
• Have some understanding of the operation of the admiralty jurisdiction in other comparable countries, as well as under the Arrest Convention
• Have some knowledge of the law relating to the registration and ownership of ships in Australia, as well as the charges that may be held or taken over a ship
• Be aware of the law relating to the towage and pilotage of ships Be familiar with the law relating to collisions and liability for damage done by ships
• Understand the law relating to the limitation of liability by shipowners, including its effect on forum selection Have a working knowledge of the operation of the Salvage Convention 1989
• Be aware of the sources of law dealing with wrecks and marine pollution
• Have acquired an overview of the regulation of Australian shipping (and of foreign ships visiting Australian waters) and Australia’s sovereign rights in the territorial sea and over the Exclusive Economic Zone (as related to shipping).

Syllabus:

Principal topics will include:

• Introduction to shipping law and the sources, scope and division of shipping powers in Australia
• Overview of the law regulating shipping in Australia (including relevant private international law aspects of the law of the sea) Registration and ownership of ships
• Classification of charges over ships
• The exercise of admiralty jurisdiction in Australia, including:
  • Claims that can be brought in admiralty; the arrest of ships, surrogate ships and other property; procedural aspects concerning the exercise of admiralty jurisdiction; the priority of claims in admiralty; a comparison of Australian admiralty jurisdiction with that of other comparable countries
• Pilotage and towage
• The law relating to collision and claims for damage done by ships Shipowners’ limitation of liability, including forum selection
• Salvage
• Wrecks and marine pollution
• Other aspects of the regulation of Australian shipping and foreign flagged vessels visiting Australia.

• Take-home examination (100%) (19–22 June)
  
  or
  
• Research paper 10,000 words (100%) (30 July) (topic approved by the subject coordinator)
  
  or
• Take-home examination (50%) (19–22 June)
  Research paper 5,000 words (50%) (30 July) (topic approved by the subject coordinator)

Students who have completed International Carriage of Goods may not undertake this subject.