What is Admiralty and Shipping Law?

Admiralty and Shipping law is the set of laws and regulations which govern the operation of shipping in Australia. In Australia, most shipping law extends from the ADMIRALTY ACT 1988 (Cth) which defines the scope of claims that can be made in relation to shipping and some of the obvious misdemeanors which can be the subject of shipping disputes.

What courts can hear actions in relation to claims?

Usually, the first ‘port of call’ in terms of the court system for shipping and admiralty related disputes is the Federal Magistrates Court which has jurisdiction over these matters under ss.9, 27 and 28 of the Admiralty Act 1988 (Cth) and any matters referred to it by the Federal Court which is the superior court that can make decisions in relation to the legislation outlined above. The specific terms of the admiralty jurisdiction of the court are that the Court can hear proceedings which begin as a actions ‘in personam’ on a maritime related legal action or a claim in relation to damage done to a ship or a matter remitted from the Federal Court of Australia. The Federal Magistrate’s court jurisdiction deals with shipping disputes which are aimed at smaller scale ships and are designed to deal with the smaller cases where is not efficient to allocate resources from the Federal Court of Australia to a shipping dispute. Normally, a particular federal magistrate will be nominated to undertake work from in relation to admiralty claims.

Where can I get assistance with Shipping Law?

In Australia, there are very few lawyers who specialize in shipping law, however, we do have lawyers available who know and understand the law of shipping in a great level of detail and can assist you if you have a shipping related matter to investigate. We always like building connections with people in the industry in relation to shipping related matters as well and would love to hear from you if you need a hand with a shipping related matter. Please do not hesitate to contact us if you would like to discuss a shipping matter any further.