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.

Australia, Ships, Seizure of vessels and cargoes, Ship seizures

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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.

Cases, Judgments, Declaratory, Declaratory judgments

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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.

United States, International, Direct Property and Casualty Insurance Carriers, Fire, marine, and casualty insurance, Marine Insurance, Property and casualty insurance industry

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