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Admiralty Jurisdiction

5th edition

Author

ISBN

9781760022389

Publication Date

8/06/2020

Format

Hardback

Page Extent

496

AUD $265.00 gst included

SKU: 9781760022389 Category:

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.

“The value of a book such as this which surveys the Admiralty law of several jurisdictions (in a convenient and systematic fashion) is that those who advise or represent admiralty claimants or defendant shipowners (and the judges who have to resolve their disputes) can, by examining the law of other jurisdictions, identify the direction in which the law of their own jurisdiction should develop and perhaps where their own law has taken a wrong turning.” – From the Foreword by the Hon. Justice Teare, the Admiralty Judge and Judge in charge of the Commercial Court, London

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
Requirement
Form
6. Arrest
Generally
Attachment distinguished
Property arrested
Arrest warrant
Undertaking
Issue of warrant
Execution of warrant
Place of arrest
Innocent passage
Government ships and property
Arrest of one ship only
Re-arrest
Unjustified or wrongful arrest
Mareva injunctions: asset preservation or freezing orders
Statutory powers of detention
7. Caveats Against Arrest
Filing of caveat
Undertaking by caveator
Payment in or bail by caveator
Operation of caveat
8. Custody of the Res
Duration of arrest
Custody by Marshal etc
Responsibility of Marshal etc
Applications concerning res
Inspection of ship
Discharge
9. Bail
Release of arrested res
Bail bonds
Filing of bond
Objection to bail
Varying bail
10. Release
Generally
Release by Registrar etc
Release by Court
Costs and expenses of Marshal etc
Excessive security etc
11. Caveats Against Release
Filing of caveat
Effect of caveat
Operation of caveat
12. Preliminary Acts: Collision Cases
Nature and origin
Filing a preliminary act
Form of filing
13. Valuation and Sale
Orders for valuation and sale
Appraisement and sale pendente lite
Sale
Post sale
14. Other Matters
Limitation proceedings
Priorities
Position of Registrar
Security for costs
Trial without pleadings etc
Judgment by default
Directions
Non-compliance
Other rules

Bibliography
Index

Now in its fifth edition, Dr Cremean’s highly praised work has hoisted its colours as probably the most comprehensive and essential text on admiralty jurisdiction throughout the common law world.
Initially focussed on Australian law, over the last quarter of a century, Dr Cremean has expanded his horizons. The fourth edition covered the law of Australia, New Zealand, Singapore, Hong Kong, and Malaysia. To this, Dr Cremean now adds the United Kingdom, South Africa, Canada and India. Yet, Dr Cremean’s readable writing style and clear demarcation between jurisdictions makes the work easy to navigate for the practitioner. The comparative approach is also instructive in teasing out commonalities and differences, identifying the how the law has developed, or indeed made wrong turns.
Important cases since the last edition six years ago include the Full Federal Court’s decision in Ship “Sam Hawk” v Reiter Petroleum Inc [2016] FCAFC 26. Other changes since the last edition include a new section on foreign sovereign vessels and state immunity. The chapter with precedents has been omitted. The parts addressing the procedural rules of each jurisdiction now rightly occupy their own chapter.
Chief Justice Allsop AO of the Federal Court of Australia has described the book as “beautifully crafted” and “written by someone with a command of his field”. Overall, it is an indispensable text forany practitioner of Admiralty law, not only in Australia, but worldwide.

J Sproule of Counsel, Queensland Law Reporter, 4 September 2020 – [2020] 35 QLR

Dr Cremean is to be congratulated on this excellent new edition of his classic work.
For those starting out in admiralty law, this is a must-have, foundational text. For those who have practised in the area for some time, there is plenty to discover about how the law operates in other common law jurisdictions.

Matthew Harvey “A Classic that improves with age”, Vic. Bar News, Issue 168 Summer 2020/21

…This is an excellent book. Anyone dealing with Admiralty in Australia must buy it in its latest form. Lawyers wanting a guide as to such proceedings in common law countries, and those like academics merely interested in it, should consider themselves very strongly advised to do so. You will not regret it.

Andrew Tettenborn, Lloyd’s Maritime & Commercial Law Quaterly, May 2021, P413

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