Overview
Maritime or sea travel is unique because of its inherent riskiness and the extreme obstacles that must be considered prior to embarking on a sea voyage. For these reasons special admiralty laws have been developed internationally and domestically to deal with the risks at sea in these exceptional circumstances. Admiralty law stems from deeply entrenched naval heritage and tradition. It is distinctive from any other area of law. Because of the unique nature and requirements of international trade and shipping it is also a highly practical area of law.
Australia is recognised as one of the world’s most significant maritime trading countries with approximately 12% of all international trade that is transported by sea either entering or leaving Australia. Australia has relied on maritime travel for a significant part of its international trade operations since the inception of its European settlement more than two hundred years ago. With 79 major trading ports along our coastline Australia has played an instrumental role in the establishment of admiralty law and principles.
In the past two decades Australia has undertaken considerable reform of its maritime laws. The Federal Court of Australia has determined a series of fundamental issues relating to the seaworthiness of commercial ships and the obligations of cargo carriers.
Maritime law is primarily enacted by our Commonwealth parliament and the laws are usually derived from international conventions. Our constitution empowers the Commonwealth parliament to make laws and the High Court of Australia to determine any matter of an admiralty and maritime nature. Our constitution also sets down that the parliament is permitted to enact laws that may be determined by the Federal Court of Australia and the Supreme Court in each state and territory. The states and territories do not always take a uniform approach to how these laws are interpreted or enforced.
- In accordance with admiralty law a court may hear and decide on 3 types of maritime claims:
- general maritime claims;
- proprietary claims; and
- claims for damage inflicted by one ship to another.
Legal proceedings under Australian maritime laws may be brought in one of two ways. They can be brought as an action "in rem" or an action "in personam." An action in rem is usually an action taken against a ship or the freight aboard the ship. In this type of action for example a ship arriving in Australian waters can be detained or arrested in order to provide security for debts owed by the owner of the vessel. Should such security not be given a court has the power to order that the vessel be sold so that funds become available to pay the claims. By contrast an action in personam is the usual type of court proceeding against a person, business or organisation.
This Legal Guide on Admiralty and Maritime Law provides maritime employees such as seafarers, commercial vessel owners, marine surveyors, coastal pilots and the ship building industry with information about the nature of general and proprietary maritime claims, salvage and collision, standards of accommodation for vessel crew, legal obligations of ship charterers and the rules relating to ship pollution. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.
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Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.