Tiwi Barge Services Pty Ltd v Stark, Julie Ann [1997] FCA 874
The Keppel Trader was a ship registered in Australia engaged in trade or commerce between a Territory and a State. Part II of the Navigation Act 1912 applied to it, making it a 'prescribed ship' for the purposes of the Compensation Act regardless of whether it arrived at its destination. Therefore, the employee's death was covered by the Compensation Act and the respondent was entitled to compensation.
- Jurisdiction
- Australia
- Judgment Date
- 03 September 1997
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed with costs
- Legal Topics
- ["seafarers' Compensation" "definition of 'prescribed Ship'" "definition of 'inter State Voyage'"]
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 ["Whether the vessel 'Keppel Trader' was a 'prescribed ship' under the Seafarers Rehabilitation and Compensation Act 1992" "Whether Part II of the Navigation Act 1912 applied to the vessel 'Keppel Trader' at the relevant time"]
Ratio Decidendi
The Keppel Trader was a ship registered in Australia engaged in trade or commerce between a Territory and a State. Part II of the Navigation Act 1912 applied to it, making it a 'prescribed ship' for the purposes of the Compensation Act regardless of whether it arrived at its destination. Therefore, the employee's death was covered by the Compensation Act and the respondent was entitled to compensation.
Court Disposition
appeal dismissed with costs
Orders
- ['The appeal is dismissed with costs.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment