Maritime Law FAQ

Admiralty jurisdiction is the maritime law jurisdiction exercised by the Federal Court of Australia and state Supreme Courts under the Admiralty Act 1988 (Cth). It covers actions in rem (against a ship) and in personam (against a person) for maritime claims.

An action in rem is a claim against a ship (or other maritime property) itself, allowing the arrest of the ship to secure the claim. It provides a procedural advantage — the ship can be detained in an Australian port — but the claim is ultimately against the owner.

Proprietary maritime claims (ownership, mortgage, possession) can ground arrest against the specific ship. General maritime claims (cargo, collision, salvage, supplies) support arrest of the relevant ship or a surrogate ship in the same ownership.

File the writ in the Federal Court (or state Supreme Court), obtain the arrest warrant, and serve it on the ship with the assistance of the Admiralty Marshal. Security for release is typically provided by a P&I club letter of undertaking.

The Navigation Act 2012 (Cth) is the primary federal shipping statute. It regulates seafarer qualifications and conditions, vessel safety, coastal trading, and marine pollution prevention, implementing key IMO conventions (SOLAS, STCW, MARPOL) in Australian waters.

The Australian Maritime Safety Authority (AMSA) regulates vessel safety, pollution prevention, and seafarer standards for regulated Australian vessels and foreign vessels in Australian waters. AMSA enforces the Navigation Act and conducts port state control.

Modified Hague-Visby Rules are given the force of law by the Carriage of Goods by Sea Act 1991 (Cth). They apply to outbound carriage from Australia and (where incorporated) inbound. Australia made the Hague-Visby amendments mandatory before most shippers.

Time bar: 1 year from delivery or the date delivery should have occurred. Package/kilo limitation: the Hague-Visby package/kilo limit applies unless the carrier is disentitled. Both are strict and must be preserved in charterparty back-to-back clauses.

Yes — under the LLMC 1976 (as amended by 1996 Protocol), given effect in Australia by the Limitation of Liability for Maritime Claims Act 1989. Limits are calculated by gross tonnage. Loss of life and passenger claims have higher limits than cargo and property claims.

General average is an ancient maritime principle — when a voluntary sacrifice is made to save a common adventure, the loss is shared by all interests in proportion to their value. The York-Antwerp Rules (commonly 1994 or 2016) are typically incorporated into bills of lading and charters.

Under the Collision Regulations (COLREGs), liability is apportioned according to the degree of each vessel's fault. The Federal Court applies the division of loss principles codified by the 1910 Collision Convention and given effect in Australian admiralty law.

A claim for reward for voluntarily saving a ship, cargo, or other maritime property from peril. Australia applies the 1989 Salvage Convention. Awards are discretionary, based on factors including value salved, skill, risk, and environmental benefit.

Oil tanker spills: the CLC/Fund regime (Protection of the Sea (Civil Liability) Act 1981 (Cth)). Bunker spills: the Bunker Convention (Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008 (Cth)). Both impose strict liability on the shipowner.

Bill of lading, booking note, commercial invoice and packing list, survey reports (pre-load, discharge, joint), damage photos and statements, stowage plans, sea protest, and P&I correspondence. Quillio can build a timeline from these to support the claim or defence.

A charterparty is a contract for the hire of a ship — voyage charter, time charter, or bareboat charter. Unless specified otherwise, most use English law and London arbitration. Australian courts will enforce the choice of law and can grant anti-suit relief in appropriate cases.

Time bars depend on the contract — demurrage and freight claims are often 12 months; hire claims 6 years (English law contract). Check the charterparty for specific notice and claim bar periods. A GIANA clause (if incorporated) imposes strict notice requirements.

Seafarers injured on vessels in Australian waters, or on Australian-flagged ships, can typically sue in the Federal Court or state courts. The Seafarers Rehabilitation and Compensation Act 1992 provides a workers-compensation-style scheme for "Seacare" seafarers.

Under the Coastal Trading (Revitalising Australian Shipping) Act 2012, carriage between Australian ports is reserved for licensed vessels. Licences are granted by the Minister on general, temporary, or emergency basis. The regime is under reform as at 2025.

Ship arrest and release: $25,000–$100,000. Contested cargo claim to judgment: $150,000–$750,000. LMAA arbitration: similar range. Costs are affected by expert evidence (naval architects, cargo surveyors, class society records).

As soon as there is notice of damage, delay, casualty, or potential claim — most time bars are short (1 year cargo, 28 days bunker spill notification). Before executing any letter of indemnity or revised bill, and before responding to AMSA detention notices.