The Federation Press

Australian Maritime Law

Overview

The changes since the first edition in 1991, are extensive. Chapters on Constitutional Background and Jurisdiction of Courts and Prize; Prize Salvage; Bounty and Ransom have been brought up to date.

Chapters on Actions in Rem; Arrest of Ships; Maritime Liens, Carriage of Goods by Sea, Sea Carriage Documents, Marine Insurance, Charterparties and Maritime Securities have been reworked and updated, whilst the chapter on Navigation; Collisions and Liability; Marine Inquiries has been almost completely rewritten to include many issues not covered in the first edition.

The chapter on Salvage; Towage; Wreck and Pilotage had to be rewritten to take account of amendments to the Navigation Act 1912 (Cth), which give effect to the International Convention on Salvage 1989 that changes much of the law.

The chapter on Limitation of Liability also had to be completely rewritten, to take account of the Convention on Limitation of Liability for Maritime Claims 1976. The Convention has been implemented in Australia by the Limitation of Liability for Maritime Claims Act 1989 (Cth).

Finally, the chapter on International Maritime Institutions is a new addition to the book. Professor Gold’s chapter on International Maritime Organisations gives an introduction to the large number of international maritime entities that play an important role in marine law.

The law discussed in the text is as at May 2000 for most chapters.

Foreword by The Rt Hon Sir Ninian Stephen AC, GCMG, GCVO, KBE: “Some 10 years ago I welcomed into Australian legal literature the first edition of Australian Maritime Law, edited by Michael White. Now, as any successful legal text should do, it has experienced a re-birth in this second edition, which not only brings the text up to date but includes much new material in this dynamic area of law. It includes one entirely new chapter all about no less than 37 international maritime institutions, both governmental and non-governmental, ranging from the well known International Maritime Organisation to the International Maritime Lecturers Association....”

Reviews

The preface states that the book aims to fill the need for an up-to-date Austrlaian general text which covers the major distinct areas of maritime law, summing up the publication very well.
... The second edition is a timely update and follows the same formula as the first. All chapters have been reviewed or completely rewritten to incorporate changes in the law over the past nine years.
The authors of the various chapters are well known and respected ...
The second edition of ’Australian Maritime Law’ will be a valuable acquisition for students of maritime law and for practitioners ... Indeed, all those in the maritime industry whose duties or activities include an involvement with maritime law will find the book of great practical assistance. - Proctor (Queensland Law Society), March 2001

This is the second edition of a well-known, indeed classic, Australian textbook. ... a new edition of this book is welcome.
Notwithstanding that it is the work of mnay hands, this book gives a comprehensive and thorough coverage of the main areas of maritime law from an Australian persepective. ...
For the new edition, every chapter has been updated. Some have also been substantially reworked and some largely rewritten, including much new material. The result is a book which is significantly longer than the first edition and which leaves even fewer gaps in its coverage of the area. This is in line with the editor’s aim to produce a comprehensive text treating every major aspect of the subject, rather than just a collection of essays about various parts of it. For that reason it can safely be used by practitioners as a textbook, notwithstanding the diversity of authorship.
I think this second edition is likely to have as devoted a following as the first. The eminence of many of the authors and the thoroughness and clarity of their treatment of the subject matter make it a place which practitioners with maritime or admiralty problems will want to visit early in their research. It is a useful complement to other Australian works in the field, and an excellent stand-alone text. - Law Institute Journal (Victoria), June 2001

The elite of Australia’s maritime academics have gathered under Michael White’s editorship ...
[His] second edition clothes the dry bones of legislation with the sparkling robe of insight into how cargoes are shipped, their insurance, finance, navigation and, unfortunately, their salvage. Marine environment and international law of the sea are not included, however, White’s work on oil spills - Marine Pollution Laws of the Australasian Region [Federation Press], 1994 - is a most useful reference.
Of particular note in the revisions to Australian Maritime Law are Alexander Street SC and Blake Larkin’s amendment of the chapter on collisions and groundings to include a broader discussion of liability and maritime inquiries. ...
Peter McDermott expands his work on ship mortgages to include finance issues and the application of general law principles. This comprehensive chapter includes mortgages, discharge, transfers, priority, caveats and deregistration, indeed, all matters where the Shipping Registration Act 1981 has relevance to securities. The chapter concludes with admiralty’s perennial controversy: the cargo securities and liens that often pose problems in practice. ...
White has produced yet another successful maritime law text that should be in the libraries of all commercial lawyers. - Law Society Journal (NSW), Vol 39(7), August 2001

Simply to read this review does not automatically give one an appreciation of the depth of this book. I found it immensely interesting and educational. - Law Society of Tasmania Newsletter, September 2001

[Despite being a specialised area of practice, maritime law] is a fun subject to read about. The chapters of this work are filled with maritime and admiralty language so vivid ... that it conjures Hornblower-like imagery of life and the law on the high seas.
...
However, for those who practise in this important area, or are caught in its controversies, this work is a most valuable reference. - Ethos (Law Society of the ACT), December 2001

Table of Contents

Constitutional Background and Jurisdiction of Courts
Hon Dr Howard E Zelling AO CBE QC and Dr Michael White QC

Actions in Rem - Arrest of Ships - Maritime Liens
Associate Professor Damien Cremean and Sandy Thompson SC

Carriage of Goods by Sea
Franes Hannah and Anthe Philippides SC

Sea Carriage Documents
Frances Hannah and Professor Robert Grime

Marine Insurance
Associate Professor Damien Cremean

Charterparties
Dr Sarah Derrington and Andrew Panna

Maritime Securities
Peter M McDermott and Justice Richard Cooper

Navigation - Collisions and Liability - Marine Inquiries
Alexander W Street SC and Blake Larkin

Salvage, Towage, Wreck and Pilotage
Dr Michael White QC

Limitation of Liability
Dr Michael White QC

Prize, Prize Salvage, Bounty and Ransom
Dr Michael White QC

Shipping and International Organisations
Professor Edgar Gold CM QC

Appendices
The Admiralty Act 1988 (Cth)
Admiralty Rules
Summary of Status of IMO Conventions
International Convention on Salvage 1989
Lloyd’s Standard Form of Salvage Agreemtn (LOF 2000)
Limitation of Liability for Maritime Claims Act 1989 (Cth)
1996 Protocol to the Convention on Limitation of Liability
for Maritime Claims 1989

Table of Cases
Table of Statutes
Table of Conventions
Index

Of interest...