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Admiralty

Iveco S.P.A v The Ship Hoegh London

Iveco S.P.A v The Ship Hoegh London [2024] FCA 901

The Federal Court released the vessel Höegh London from arrest, holding the plaintiffs could not retain arrest to secure claims against a time charterer. Costs were ordered against the plaintiffs.

  • Arrest of vessel
  • Release of vessel
  • Security for release
  • In rem proceedings
  • In personam proceedings
  • Costs
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Maritime law

Carmichael Rail Network Pty Ltd v BBC Chartering Carriers GmbH & Co KG

Carmichael Rail Network Pty Ltd v BBC Chartering Carriers GmbH & Co KG [2024] HCA 4

The High Court dismissed an appeal about whether a bill of lading arbitration clause was void under Art 3(8) of the Australian Hague Rules.

  • Construction of bills of lading
  • Arbitration clauses
  • Carrier's liability under carriage of goods by sea act 1991 (cth)
  • Maritime-law
  • International-arbitration
  • Bill-of-lading
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Maritime law

Hirst v Carnival PLC trading as P & O Cruises Australia

Hirst v Carnival PLC trading as P & O Cruises Australia [2023] NSWCATCD 94

The Tribunal held it lacked jurisdiction to hear a cruise refund claim because the dispute arose from agreements for carriage by ship and was a general maritime claim.

  • Jurisdiction
  • Maritime claims
  • Australian consumer law
  • Breach of contract
  • Federal jurisdiction
  • Maritime-claims
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Admiralty

Commonwealth of Australia v Shenzhen Energy Transport Co Ltd

Commonwealth of Australia v Shenzhen Energy Transport Co Ltd [2015] FCAFC 116

The Full Court granted leave to appeal, allowed the appeal, and ordered discovery in a maritime limitation dispute arising from the grounding of Shen Neng I.

  • Limitation of liability
  • Discovery
  • Negligence
  • Admiralty
  • Maritime-law
  • Limitation-of-liability
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Administrative law

Dolphin Dive Centre Fremantle Pty Ltd v Australian Maritime Safety Authority

Dolphin Dive Centre Fremantle Pty Ltd v Australian Maritime Safety Authority [2014] FCA 1444

The Federal Court granted a conditional stay of AMSA’s suspension and show-cause decisions against Dolphin Dive Centre pending a later judicial review hearing.

  • Judicial review
  • Procedural fairness
  • Interlocutory relief
  • Stay of administrative decisions
  • Judicial-review
  • Procedural-fairness
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Arbitration

Dampskibsselskabet Norden A/S v Beach Building & Civil Group Pty Ltd

Dampskibsselskabet Norden A/S v Beach Building & Civil Group Pty Ltd [2012] FCA 696

The Federal Court refused to enforce two London arbitration awards, holding the charterparty’s arbitration clause was ineffective under s 11 of COGSA 1991.

  • Enforcement of foreign arbitral awards
  • Jurisdiction clauses
  • Carriage of goods by sea
  • Validity of arbitration agreement
  • Foreign-award-enforcement
  • International-arbitration
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Admiralty

STX Pan Ocean Co Ltd v Tri Bulk Shipping Co Limited

STX Pan Ocean Co Ltd v Tri Bulk Shipping Co Limited [2011] FCA 704

The Federal Court granted an urgent ex parte order allowing a marine surveyor to inspect the vessel Blackfin before repairs, with costs reserved and the matter adjourned.

  • Inspection of vessel
  • Preliminary discovery
  • Seaworthiness
  • Interim relief
  • Admiralty
  • Maritime-law
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Admiralty

Parlei Pty Limited v Rowe

Parlei Pty Limited v Rowe [2010] FCA 1111

The Federal Court ordered an admiralty proceeding to be conducted from the Queensland District Registry, finding the case had no real NSW connection.

  • Charterparty
  • Venue transfer
  • Directions hearings
  • Admiralty
  • Maritime-law
  • Civil-procedure
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Admiralty

Qenos Pty Ltd v Ship ‘APL Sydney’

Qenos Pty Ltd v Ship ‘APL Sydney’ [2009] FCA 1090

The Federal Court held that pure economic loss claims arising from damage to a pipeline were subject to limitation under the 1976 Maritime Claims Convention.

  • Limitation of liability
  • Pure economic loss
  • Treaty interpretation
  • Admiralty
  • Maritime-law
  • Limitation-of-liability
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Administrative law

Livestock Transport & Trading v Australian Maritime Safety Authority

Livestock Transport & Trading v Australian Maritime Safety Authority [2008] FCA 1569

The Federal Court refused an interlocutory injunction over livestock loading on the Al Messilah, finding the application had no utility pending the substantive hearing.

  • Validity of delegated legislation
  • Jurisdiction over foreign-flagged vessels
  • Requirements for australian certificate for the carriage of livestock (accl)
  • Implementation of marpol annex iv
  • Interlocutory-injunction
  • Marine-orders
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.