Admiralty Jurisdiction 5th Edition

Law

Admiralty Jurisdiction 5th Edition

By Damien J. Cremean
The Federation Press June 2020

Specifications

ISBN-13
9781760022389
Publisher
The Federation Press
Publication
June 2020
Format
Hardback
Jurisdiction
Australia ? Countri(es) for reference only

Details

Now in its fifth edition, Admiralty Jurisdiction, has expanded to include the law of the United Kingdom, Canada, South Africa and India in addition to Australia, New Zealand, Singapore, Hong Kong and Malaysia. It is a comprehensive account of admiralty jurisdiction – law and practice – in these jurisdictions.

The scope of the book, its detailed analysis and its clear presentation of information makes it a valuable resource for admiralty and maritime law practitioners and judges.

Table of Contents

Foreword to the Fifth Edition
The Hon Mr Justice Teare
Foreword to the Fourth Edition
The Hon Chief Justice James Allsop AO
Foreword to the Third Edition
The Hon Mr Justice David Steel
Foreword to the Second Edition
The Rt Hon Sir Ninian Stephen KG, AK, GCMG, GCVO, KBE
Foreword to the First Edition
The Hon Sir Laurence Street AC KCMG QC
Preface
Acknowledgments
Table of Cases
Table of Statutes
Chapter 1 Introduction
1. Nature of Admiralty Jurisdiction
2. Development of Admiralty Jurisdiction in England
3. Development of Admiralty Jurisdiction:
Australia and Elsewhere
Australia and New Zealand
Singapore
Hong Kong
Malaysia
South Africa
Canada
India
4. Jurisdiction Overview: Australia and New Zealand
5. Jurisdiction Overview: Elsewhere
United Kingdom
Singapore
Hong Kong
Malaysia
South Africa
Canada
India
6. Constitutional Powers
Australia
Canada
Chapter 2 Courts and Jurisdiction
1. Introduction
2. Courts
Admiralty actions
Proceedings in rem and in personam
3. Jurisdiction
Admiralty claims
Places
Ships
Aircraft
Foreign aspects
Chapter 3 Admiralty Claims
1. Introduction
2. Proprietary Maritime Claims
Possession, title or mortgage
Co-ownership
Satisfaction or enforcement of judgments
Interest
3. General Maritime Claims
Damage
Oil pollution
Loss of life or personal injury
Acts or omissions
Loss of or damage to cargo
Agreements relating to carriage or hire
Salvage
General average
Towage
Pilotage
Supplies
Ship construction
Alteration, repair or equipping of a ship
Port and harbour dues
Levies
Disbursements
Insurance
Wages
Arbitral awards
Interest
4. Other Admiralty Claims
Damage received
Unjustified, wrongful arrest etc
Bottomry
Forfeiture or condemnation
Admiralty droits
Former jurisdiction
Containers
Piracy, sabotage or terrorism
Sales of vessels; financing etc
Wrecks and strandings etc
Miscellaneous
5. Associated Matters
Australia
South Africa
6. Admiralty Defences
Defences generally
Jurisdictional issue
Limitation of actions
Limitation of liability
Chapter 4 Practice and Procedure
1. Introduction
Early history
Underlying policy
Governing Rules
2. Practice Matters
Generally
Stay: forum non conveniens
Stay: international arbitrations
Retention of res in stayed proceedings
Concurrent proceedings
Res under arrest: transferred or remitted proceedings
Jury trial
3. Right to Proceed in Rem
Generally
Maritime liens
4. Particular Jurisdictions: The Action in Rem
Australia
New Zealand
United Kingdom
Singapore
Hong Kong
Malaysia
South Africa
Canada
India
5. Foreign Sovereign Vessels
Chapter 5 Procedural Rules
1. Generally
2. Proceedings
Preventing proceedings
Commencing proceedings
Initiating process
In rem and in personam proceedings
3. Service
Generally
Renewal or extension of time
Inland waters
Out of jurisdiction (ex juris)
Innocent passage
Mode of service
Service on one ship only
Substituted or alternative service
Acceptance or acknowledgement of service
4. Appearance, Acknowledgement of Service etc
Generally
Entitlement to appear, acknowledge service etc
Intervention
Effect of appearance, acknowledgement of service etc
Conditional appearance, acknowledgement etc
5. Statements or Particulars of Claim
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