Maritime Law glossary
Australian maritime law draws on both domestic legislation — particularly the Navigation Act 2012 (Cth), the Admiralty Act 1988 (Cth), and the Carriage of Goods by Sea Act 1991 (Cth) — and international conventions. This glossary covers 40 of the most commonly used terms.
This is a glossary of 40 key terms used in Australian maritime law. Each term has a plain-English definition and, where applicable, a reference to the underlying statute or international convention.
Definitions
Admiralty Act 1988 (Cth)
The principal federal statute conferring admiralty jurisdiction on the Federal Court and state Supreme Courts.
Admiralty jurisdiction
The maritime jurisdiction of courts, covering maritime claims and arrest of vessels. Conferred by the Admiralty Act.
AMSA
The Australian Maritime Safety Authority, the national regulator for maritime safety, marine environment protection, and seafarer welfare.
Arrest of a ship
The seizure of a ship under court order to found admiralty jurisdiction and secure a maritime claim. Governed by the Admiralty Act and the Arrest Convention.
Bareboat charter
A charter under which the charterer takes possession and full control of the vessel (including crewing) for the charter period.
Bill of lading
A document of title to goods carried by sea — also evidence of the contract of carriage and a receipt for goods shipped.
Bunker
Marine fuel oil. Bunker supply contracts give rise to some of the most common maritime claims in Australian practice.
Cargo claim
A claim by the consignee or cargo insurer for loss or damage to goods carried by sea. Subject to Hague-Visby time and liability limits.
Carriage of Goods by Sea Act 1991 (Cth)
The Commonwealth Act applying the Hague-Visby Rules (as amended) to the international carriage of goods to or from Australian ports.
Caveat against arrest
A caveat entered on the register preventing the arrest of a ship without prior notice to the caveator.
Charterparty
A contract for the hire of a ship or carriage of goods by sea — principal forms are voyage, time, and bareboat charter.
Collision regulations
The international rules for preventing collisions at sea (COLREGs), given effect in Australia under the Navigation Act.
Demise charter
A charter equivalent to a bareboat charter where the charterer takes possession and control of the vessel.
Demurrage
Liquidated damages payable by a voyage charterer for keeping the vessel beyond the allowed laytime for loading or discharge.
Flag state
The state under whose flag a ship is registered. Primary responsibility for enforcing international standards.
General average
A principle of maritime law under which all parties to a sea venture share losses resulting from voluntary sacrifice to save the common venture.
Hague-Visby Rules
The international rules (Brussels Convention 1924, as amended) governing liability for carriage of goods under bills of lading.
IMO
The International Maritime Organization, the UN agency responsible for maritime safety, security, and pollution prevention.
In rem action
An action against a ship itself, rather than its owner — permitting arrest and sale. A defining feature of admiralty jurisdiction.
International Oil Pollution Compensation Fund
The international fund providing compensation for oil pollution damage beyond shipowner liability. Australia is a party.
Laytime
The period allowed under a voyage charter for loading or discharge. Excess attracts demurrage.
Limitation fund
A fund constituted by the shipowner to satisfy all limited claims — a procedural step under the LLMC Convention.
Limitation of liability (LLMC)
A shipowner's right to limit liability for maritime claims to a tonnage-based amount under the LLMC Convention, given effect in Australia.
Maritime claim
A claim falling within the admiralty jurisdiction — including cargo, collision, salvage, bunkers, seafarer wages. Listed in ss 4 and 18 of the Admiralty Act.
Maritime lien
A privileged claim attaching to the ship and surviving change of ownership — for example, seafarer wages and salvage.
MARPOL
The International Convention for the Prevention of Pollution from Ships, implemented in Australia by the Protection of the Sea Acts.
NOR (Notice of Readiness)
The notice tendered by a vessel's master signalling readiness to load or discharge. Commencement of laytime typically depends on a valid NOR.
Particular average
A partial loss borne by the owner of the lost or damaged property, not shared. Contrasted with general average.
Port state control
The inspection of foreign ships in national ports to verify compliance with international standards. AMSA conducts Australian PSC.
Protection and indemnity (P&I) insurance
The mutual insurance covering shipowner liabilities to third parties, including cargo, pollution, and crew claims.
Salvage
Voluntary service to save a ship or cargo from peril at sea. Salvors have a claim enforceable by maritime lien.
Sea waybill
A non-negotiable transport document. Evidences the contract but is not a document of title, unlike a bill of lading.
Ship arrest undertaking
An undertaking provided to the court on arrest (or to secure release of the ship) — typically a P&I Club letter or bank guarantee.
Shipbuilding contract
The contract for the construction of a ship. Uses standard forms (for example, SAJ, NEWBUILDCON) with extensive warranties and delivery protections.
SOLAS
The International Convention for the Safety of Life at Sea, implemented in Australia under the Navigation Act.
Stevedoring
Loading and unloading operations at port. Stevedoring contracts allocate liability under the Hague-Visby Rules (Himalaya clause).
Time charter
A charter for a period during which the owner provides the vessel and crew, and the charterer directs employment.
Tonnage
The measure of a ship's size. Gross tonnage is the basis for LLMC limitation calculations.
Voyage charter
A charter for the carriage of a specified cargo on a specified voyage — freight is payable for the carriage, subject to laytime and demurrage.
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