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Admiralty Jurisdiction: Law and Practice

Admiralty Jurisdiction: Law and Practice

Australia, New Zealand, Singapore, Hong Kong and Malaysia

4th edition

By Damien J Cremean

CONTENTSREVIEWS

This previously published work related to Australia, New Zealand, Singapore and Hong Kong. This fourth edition now relates to Malaysia as well. It is a comprehensive account of admiralty jurisdiction – law and practice – in all such jurisdictions.

Singapore, Hong Kong and Malaysia are all major world maritime trade centres. This book deals, in an up to date fashion with the law in those important Asian destinations – as well as with the law in Australia and New Zealand. It is easy to read and well set out.

Admiralty Jurisdiction will be especially useful to lawyers practising admiralty law and to courts exercising admiralty jurisdiction in Australia, New Zealand, Singapore, Hong Kong and Malaysia. It may also have some utility for lawyers in the UK, South Africa and Canada.


CONTENTS

Foreword to the Fourth Edition by The Hon Chief Justice James Allsop AO
Foreword to the Third Edition by The Hon Mr Justice David Steel
Foreword to the Second Edition by The Rt Hon Sir Ninian Stephen KG, AK, GCMG, GCVO, KBE
Foreword to the First Edition by The Hon Sir Laurence Street AC, KCMG, QC

Preface
Acknowledgements
Table of Cases
Table of Statutes
Introduction
Courts and Jurisdiction
Admiralty Claims
Practice and Procedure
Precedents
Bibliography
Index


REVIEWS

This work has now become the standard reference book for admiralty law in Australia and its neighbours. … The book would be handy, not only for those practised in the field, but also to the practitioner confronted with his or her first admiralty case. Read review...

Peter W Young, Australian Law Journal, July 2016

Practitioners in, and students 
of, admiralty and maritime law
 will be familiar with the previous editions of this text by Dr Cremean which considered the law in Australia and New Zealand. This fourth edition goes further and skilfully interweaves the law 
in Hong Kong, Singapore and Malaysia into the narrative. It also updates the position in Australia and New Zealand. The result is readable, accessible, scholarly and comprehensive.
         The text is well-indexed and has a very useful bibliography. Dr Cremean should be congratulated on this marvellous book. Read full review...

Cahal Fairfield, InPrint, Law Institute Journal Victoria, April 2016

The author, Dr. Damien Cremean, is a very prominent Australian barrister and academic who has practiced and taught in the maritime law field for many years.
         … This is not only a comprehensive work covering some fairly complex areas, but it is also very clearly written by someone with real expertise in the area. As a result, the author provides not only a very helpful analysis of the maritime jurisdictional and practice areas in five Asia-Pacific states, but also a critical examination of problems and shortcomings that may confront practitioners. The book should be an important resource for lawyers, marine insurers, corporations, academics, and anyone with an interest in the maritime law and practice in this commercially important and fast-growing region of the world. Read full review...

Edgar Gold, Journal of Maritime Law & Commerce, October 2015

Even in the twenty-first century, admiralty law remains filled with the curiosities of bygone eras. For almost two decades, Admiralty Jurisdiction has assisted practitioners understand this fascinatingly complex and continuously changing world.
         In its fourth edition, the increasing global environment has seen the book again expand upon its analysis of the laws of various countries, and now includes Australia, New Zealand, Hong Kong, Singapore and Malaysia. The analysis is primarily undertaken by comparing the laws of these countries under particular topics.
         Overall, the fact that the author has been able to, again, provide a comprehensive, yet succinct, book on such a complex subject demonstrates its quality. Both students and experienced practitioners would find it a useful addition to their resources. Read full review...

Melissa Jones, Ethos, ACT Law Society, September 2015

The fourth edition of this work, a necessity for those practising in admiralty and maritime law in Australia, has been long awaited. It deals with all of the essentials of admiralty jurisdiction in Australia and also other common law jurisdictions in the Asia-Pacific (Hong Kong, Singapore, New Zealand, and for the first time in this edition, Malaysia).
         Admiralty Jurisdiction is a true practitioners’ text: its author is a leading academic and a practitioner in the field and was involved in the Australian Law Reform Commission reference that produced the legislative basis for admiralty jurisdiction in Australia, the Admiralty Act 1988 (Cth). Previous editions of the work were regularly cited in argument in the admiralty courts and in the judgments of those courts.
         … the book is a detailed and concise reference and provides a base for more detailed research as well as an excellent introduction into this interesting and complex area of law. Like many good practitioners’ texts, precedents are included, helpfully cross-referenced to the relevant jurisdictional provisions covered in the text. Read full review...

Catherine Gleeson, Bar News, NSW Bar Association, Winter 2015

The fourth edition of this concise yet comprehensive work on Admiralty law and practice is another welcome update of Dr Cremean’s important work, which now addresses each of the five Asia-Pacific common law shipping jurisdictions of Australia, New Zealand, Singapore, Malaysia and Hong Kong. It provides a fairly complete exposition of the basis, nature and practice of the admiralty jurisdiction in each of those jurisdictions, and again succeeds at being both a practical and useful text for practitioners as well as a learned work to advance the development of admiralty law in the Asia-Pacific region.

Queensland Law Reporter 10 July 2015 [2015] 26 QLR

Reviews of previous editions:

The book is concise, well written and, as may be expected, well researched. The topics are logically set out and contain a good exposition of the evolution of the law. The comparative enumeration of statutory provisions and case law between Australia and New Zealand helps to comprehend the uniformity of approach adopted by courts in both jurisdictions when dealing with admiralty matters. The book will prove a reliable guide for anyone interested in finding their way through the obscurities of the admiralty jurisdiction.

The Commonwealth Lawyer, Vol 14 No 2, August 2005

It is a pleasure to see a new edition of this work. It remains the only comprehensive Australasian work on the subject. It continues to provide a full exposition of the basis and nature of the admiralty jurisdiction in both Australia and New Zealand. Since that jurisdiction in each case is legislatively based, there are significant differences which can make it dangerous to rely on English and other foreign texts. … The new edition retains precedents now revised and updated. The work concludes with an expanded section of appendices, including the Admiralty Act and Rules for both Australia and New Zealand.
          Overall, I found the book as useful and well written as I did the first edition. It is useful and interesting to compare New Zealand law and practice with that of Australia. As the economies (if not the political systems) of the two countries become closer and they continue to be close trading partners, it will be more and more important for practitioners to be aware of both. I would recommend the book to anyone with a shipping practice or an interest in admiralty law.

Law Institute Journal (Victoria), July 2004

Professor Cremean’s text carefully, clearly and authoritatively deals with the complexity of Admiralty law and the peculiarities of its practice and procedure. … As with the first edition, … this edition is an extremely handy practice volume including the full text of the legislation and the rules and the author’s commentary. Some useful precedents are also provided … All commercial lawyers at some stage or another deal with shipping or admiralty. This is a readable and authoritative text.

Victorian Bar News, No 128, Autumn 2004

This is a workmanlike book and would be of regular assistance to a practitioner in the field.

(2009) 83 ALJ 774

   

Published 12 May 2015
Publisher The Federation Press
Hardback/352pp
ISBN 9781862879973
Australian RRP $245.00
International Price $230.00
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Available


Law - Maritime & Admiralty
Law - Asian
Law - New Zealand


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