The work is divided into five parts - answers to questions about marine issues of Australia; The first question assesses the decision of the Australian Federal Appeal Court in the case of Dampskibsselskabet Norden A / S v Beach Building & Civil Group Pty Ltd. (Norden), as well as an analysis of conformity of the corresponding decision with Section 11 of the Australian Carriage of Goods by Sea Act 1991. In the second issue it comes to the significance of The Himalaya clause - clause in favor of third parties who are not in the contract of carriage by sea. The Himalaya clause is a fundamental document of maritime law, which has been adopted by most jurisdictions around the world. Possible consequences of non-compliance of this amendment have been estimated.. The third issue described procedure for the adoption of international maritime conventions and treaties, and implementing them in the national maritime legislation of Australia. The basic laws, built on the external law, that form Australia's maritime cargo liability regime were given.
The fourth question reveals the main features of a public maritime policy of Australia, and its main issues. As examples, two important issues of maritime policy were selected - maritime trade issue and shipping of Australia. The characteristic of these problems and their solutions has been given.The fifth issue described in detail the procedure of collection of unpaid wages (if the ship is in port in Australia), the mechanism of the arrest of the vessel, and the interaction of the authorities with the sailors in this case.IntroductionAustralia is a leading state in the Pacific region and one of the leaders of ocean carriers. Seamanship is one of the basic industries of Australia, and is an important economic, trade and military factor in the formation of Australia policy, so it represents separate set of issues for consideration..
Sea factor forms the national policy in Australia. In this work the basic mechanisms of the Australian legislation in the various aspects of maritime law are described. The diversity of Australian marine legal system is illustrated on specific cases. This work is urgent in view of Australia's leading position in international maritime system, also in view of Australia's involvement in international organizations and the maritime Conventions. The purpose of this paper is to highlight the Australian maritime strategy within the answers to various questions of sea subjects.
In case of Dampskibsselskabet Norden A / S v Beach Building & Civil Group Pty Ltd. (Norden) The Australian Federal Appeal Court ruled resonance decision abolishing the Federal Court's decision on the recognition of a charterparty as a sea carriage document. This case showed that the arbitration law of Australia is above the common law of the sea (Gard insight, 2013). The case Dampskibsselskabet Norden A / S v Beach Building & Civil Group Pty Ltd. (Norden) is one of two high-profile cases that determined the legality of foreign arbitral awards in Australia. The main for …