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Course Outline

  Introduction Download Course Brochure
  • History of the rule of maritime law
  • Shipping industry and trade
  • International shipping organisations
  • Common law and civil law overview

Law of the Sea

  • Historic claims over the sea
  • The 1958 conventions
  • United Nations Convention on the Law of the Sea 1982
  • Territorial sea and contiguous zone
  • Exclusive Economic Zone
  • Outer Continental Shelf
  • High seas
  • Archipelagic states
  • Why the ‘zone’ dictates what laws are applied

Australia's maritime boundaries

  • Why maritime boundaries influence law and practice
  • Australia’s boundary with Indonesia
  • Offshore oil and gas industries
  • Australian-East Timorese Timor Sea petroleum agreement
  • Australia’s Pacific boundaries
  • Australia’s southern boundaries
  • Influence of offshore Territories

Admiralty shipping procedure

  • Historic development of admiralty laws
  • Modern law on arrest of ships for claims for debt or damage
  • Release from arrest
  • Lodging bond in court or sale of ship
  • Priority for distribution of funds available
  • Limitation of liability; lodging the amount in court

Carriage of goods by sea

  • Basic structures and principles dictating cost and risk
  • Main elements of charter parties for whole ships
  • Demise, time and voyage charters
  • Bills of lading for cargo
  • Sea way bills
  • Hague, Visby, Hamburg and Rotterdam models
  • Liability for loss, damage or delay

Marine insurance

  • Principles of marine insurance
  • Premiums vs risk and exclusions
  • Claims and rejection of claims
  • General average
  • Hull and machinery insurance
  • P&I insurance

Marine pollution

  • Current statistics for pollution from ships
  • Characteristics of an oil spill
  • International conventions on marine pollution
  • Australian laws
  • Australia’s National Plan for coping with spills
  • Pollution prosecutions – how to conduct/cope with them

Case study: Pacific Adventurer Oil Spill 2099; Swire Navigation v Qld


Other shipping laws

  • Collisions – the law
  • Liability – who pays and when
  • Wreck – laws and practice
  • Pilotage – laws and practice – reef and port pilots

Limitation of liability by ship owners

  • Historic development
  • International convention
  • Australian laws
  • How it applies in practice to the shipping industry

Maritime dispute resolution

  • Mediation
  • Arbitration
  • Litigation
  • Constructing your contract

Structure of Commonwealth & State offshore laws

  • Development of Australian laws offshore
  • Offshore Constitutional Settlement 1979
  • Complexities of offshore laws increases costs
  • Possible Industry responses to avoid being caught up
  • Possible government responses to avoid being caught up

Case study & role playing:

  • Quenos v Ship APL Sydney; and Strongwise v Esso (APL Sydney)
  • Role playing: Likely issues and solutions
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