What is "ownership" for the purposes of ship arrest under the Admiralty Act 1988 (Cth)?
Article Abstract:
The Federal Court of Australia's decision in Malaysia Shipyard & Engineering Sdn Bhd v. "Iron Shortland" as surrogate for the ship "Newcastle Pride" suggests that proving beneficial ownership in the ship arrest context may be difficult. The Court found that the term "owner" under ship arrest law is intended to encompass both legal and beneficial ownership. The Court found that the plaintiff failed to demonstrate that the two ships had the same beneficial owner.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
Rule 9(h) admiralty jurisdiction in declaratory judgements for marine insurers
Article Abstract:
Rule 9(h) of the Federal Rules of Civil Procedure grants underwriters of marine insurance policies the right to initiate actions seeking a declaratory judgement in federal court. No other type of insurer has this option of avoiding a jury trial while still bringing disputes before a court. The advantages of avoiding a jury and hearing maritime cases in federal courts are discussed.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
Serving one master: marine insurance and the agency status of insurance brokers
Article Abstract:
The author discusses federal court rulings which hold that when an insurance broker places insurance coverage in the global marine insurance market, the broker acts as an agent of the insured.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Quo vadis: the status and prospects of "tests" under the religion clauses. Reason, religion, and avoidable consequences: when faith and the duty to mitigate collide
- Abstracts: Some thoughts on the source of antitrust law in the nineties. Blinded by the light: antitrust analysis of computer industry alliances
- Abstracts: Reforming the Immigrant Investor Program of the Immigration Act of 1990. China's equity joint venture law: a standing invitation to the West for foreign investment?
- Abstracts: ISO spread income is "wages" for purposes of income tax withholding and credit for increasing research activities
- Abstracts: Good governance requirements concerning the participation of interest groups in EU consultations. The constitutional status of the European Central Bank