Navigating a legal sea

A UQ expert on admiralty law has provided a comprehensive guide to dispute resolution in maritime trade and commerce in a new book launched last week.

Written by Associate Professor in the TC Beirne School of Law, Sarah Derrington, and James M Turner, the book, The Law and Practice of Admiralty Matters, gives a detailed treatment of the law relating to the arrest of ships.

It includes chapters on the basis of jurisdiction; limitation of liability; post-arrest applications and procedure in collision cases; arbitration; and provides an extensive consideration of the case law of commonwealth jurisdictions including the United Kingdom, Australia, Canada, Hong Kong, New Zealand, Singapore and South Africa.

Associate Professor Derrington said admiralty law was unique in its application because shipping was an international activity and was impacted by the laws of many countries.

“Pursuing a claim against a ship is quite different from bringing a claim against a person, because a person has to be amenable to the jurisdiction,” she said.

“You can arrest a ship anywhere in the world; it doesn’t matter where the claim arises.

“For example, if a vessel is involved in a collision in Singapore, once the offending vessel comes to Australia it can nonetheless be arrested and a claim brought against it, even though the offending action occurred in Singapore.

“Our aim was to provide a comparative frame of reference to operate in this environment.”

Associate Professor Derrington has extensive experience in the practice of admiralty law and teaches the subject at both undergraduate and postgraduate level at UQ. She is also the Australian Vice-President of the Maritime Law Association of Australia and New Zealand.

Co-author of the book, Mr Turner, is an experienced practitioner in admiralty law in England who Associate Professor Derrington said brought a wealth of practical experience to the writing of the book.

The book was launched by Chief Justice of Queensland, the Hon Paul De Jersey, AC, at the Banco Court in Brisbane on April 20 and includes a forward by Sir Anthony Clarke, Master of Rolls, Royal Courts of Justice.

Media: Associate Professor Sarah Derrington (07 3365 3320, s.derrington@law.uq.edu.au). .