23 Jun For example, if a ship carrying ca
For example, For example, if a ship carrying caif a ship carrying cargo collides with another vessel, the carrier may be liable for damage to the cargo. The cargo owner may make a claim against the carrier under the contract of carriage – the bill of lading or the voyage charterparty. In addition, the owners of the other vessel and the owners of any cargo on board that other vessel, if they suffer loss or damage, may bring an action in tort.
The collision creates a charge or an obligation on the offending ship. This special charge is known as a maritime lien. This lien travels with the ship and can be enforced in Admiralty jurisdiction by an action in rem. It is the meaning of the terms collisions, maritime lien and Admiralty jurisdiction and their interrelationships with one another that we will examine in this module.
Focus questions
The purpose of this module is for you to be able to answer the following critical questions:
What is an action in rem? What is an action in personam? How do these terms relate to maritime law?
What are the 3 legal consequences of a collision at sea? Describe each of those consequences.
What is ‘arbitration, and why is used as an alternative to maritime litigation?
Describe the various claims that may be made under ss.15-18 of the Admiralty Act 1988 (Cmth).
Is the extraordinary step of arresting a ship pursuant to an in rem claim when no blame or wrongdoing has been proven against her a legitimate exercise? Justify your opinion on legal and commercial grounds.
Context
This module considers the consequences of collisions at sea. Most legal remedies are peculiar to shipping to the extent that a separate court was developed in the UK and a special division of Australias Federal Court were established. In this context, we examine maritime l
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