Shipping and Trade (73)

In January this year we reported to you on the first instance Judgment in Pantaenius Australia Pty Ltd v Watkins Syndicate 0457 at Lloyds (Nautilus Marine).  The Federal Court found in favour of Pantaenius at first instance and the matter was appealed to the Full Federal Court.

The Maritime Legislation Amendment Act 2015 received Royal assent on 11 December 2015. Schedule 1 commenced on 8 January 2016 and Schedule 2 will commence on 1 March 2016

The recent Federal Court Judgment in Pantaenius Australia Pty Ltd v Watkins Syndicate 0457 at Lloyds [2016] FCA 1 serves as a good reminder of the breath and application of Section 54 of the Insurance Contracts Act 1984(Cth)(ICA).

More Punishment for Polluters

Thursday, 10 December 2015

The Penalty unit values at Federal level and across a number of the Australian States have increased in 2015. The result is higher fines for pollution and other marine offences.

Cruise operators and those in the leisure industry take note of the recent judgment of the Supreme Court of Queensland Court of Appeal in J Philip Packer v Tall Ships Sailing Cruises Australia Pty Limited (2014) QSC 212.

On 20 May 2015 the Limitation of Liability for Maritime Claims Amendment Act 2015 received Royal Assent, with the effect that from 8 June 2015, maritime limitation levels for Australian ship operators and salvors for maritime claims relating to ship-source damage will increase by about 51%1.

The Commonwealth Government's proposed amendments to the Seafarers Act in response to the recent Full Federal Court decision in Samson Maritime Pty Ltd and Aucote1, have been substantially amended by the Senate, with the result that the Amendment Bill2 that has been passed only operates to cover the past period (excluding claims already notified).

HWL Ebsworth recently acted successfully for the Commonwealth, represented by the Australian Customs and Border Protection Service, in an application to the Federal Court to set aside a writ in rem filed by a Maltese ferry operator against a patrol boat under construction at an Australian shipyard for the Commonwealth.

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