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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 CONTENTSForeword to the Fifth Edition Foreword to the Fourth Edition Foreword to the Third Edition Foreword to the Second Edition Foreword to the First Edition Preface Acknowledgments Table of Cases Table of Statutes Chapter 1 Introduction1. Nature of Admiralty Jurisdiction Australia and Elsewhere 4. Jurisdiction Overview: Australia and New Zealand United Kingdom 6. Constitutional Powers Australia Chapter 2 Courts and Jurisdiction1. Introduction Admiralty actions 3. Jurisdiction Admiralty claims Chapter 3 Admiralty Claims1. Introduction Possession, title or mortgage 3. General Maritime Claims Damage 4. Other Admiralty Claims Damage received 5. Associated Matters Australia 6. Admiralty Defences Defences generally Chapter 4 Practice and Procedure1. Introduction Early history 2. Practice Matters Generally 3. Right to Proceed in Rem Generally 4. Particular Jurisdictions: The Action in Rem Australia 5. Foreign Sovereign Vessels Chapter 5 Procedural Rules1. Generally Preventing proceedings 3. Service Generally 4. Appearance, Acknowledgement of Service etc Generally 5. Statements or Particulars of Claim Requirement 6. Arrest Generally 7. Caveats Against Arrest Filing of caveat 8. Custody of the Res Duration of arrest 9. Bail Release of arrested res 10. Release Generally 11. Caveats Against Release Filing of caveat 12. Preliminary Acts: Collision Cases Nature and origin 13. Valuation and Sale Orders for valuation and sale 14. Other Matters Limitation proceedings Bibliography Index REVIEWSNow 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 |
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Published 25 June 2020
Law - Maritime & Admiralty
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