Australian Maritime Law

• Author: Yvonne Baatz
• Position: Member of the Institute of Maritime Law and Professor of the University of Southampton
• Pages: 122-123

(2015) 29 ANZ Mar LJ

122

BOOK REVIEW

Michael White, Australian Maritime Law. Federation Press, Sydney (3rd

ed, 2014). 700 pp.

ISBN: 9781862879508

Yvonne Baatz

*

Over seventeen chapters this book covers a wide range of maritime issues. It has been 14 years since the

previous edition, which was written by a number of authors, and the fact that this edition has now been written

by one author (albeit with some assistance which is generously acknowledged) is an impressive feat. For one

author to have the expertise to deal with all the areas covered in this book is rare. Equivalent books on English

law, such as Maritime Law edited by this author and published by Informa Law from Routledge (now in its third

edition) are w ritten by numerous authors each specialising in their own particular areas of research. This gives

the advantage that new editions can be written relatively quickly if one author is only doing one or two chapters

and therefore the authors do not have to contend with too much change while the writing process is going on.

Whereas Michael White has no doubt had to face the problem that over the period of writing there have been

numerous changes and, therefore, there is a constantly shifting seascape which all has to be crystallised at one

moment in time. It does, however give the great advantages that the style throughout the bo ok is consistent and

it is easier for the author to cross-reference throughout the book, both of w hich have been achieved here.

The author modestly states that ‘the purpose of the book is to set out for legal pra ctitioners, academics,

regulators and for the maritime industry a short summary of the Australian current law on maritime matters and

to guide the reader as to where to look for more detailed info rmation.’ This, the author undoubtedly delivers. It

is not easy to provide a goo d summary of complex material, but the author does this and more. Each chapter

seeks to provide a good understanding of the developm ent of the law. Indeed the whole of Chapter 1 on

Admiralty Jurisdiction and the Australian Constitutional Background does so culminating in the Admiralty Act

1988 (Cth). Chapter 2 considers Admiralty Jurisdiction; Admiralty Act 19 88; Actions in Rem; Arrest of Ships;

Maritime Liens; and Priorities.

Chapters 3 and 4 discuss charterparties and carriage of goods. The case law, both English and Australian, is

discussed to illustrate key points. As the author says a whole book could have been written on each chapter.

Throughout the book the reader is referred to the leading works and journal articles which may assist them. For

example the chapter on charterparties refers to John Wilson’s excellent book on Carriage of Goods by Sea,1 and

S. Girvin, Carriage of Good by Sea.2 New books have been published since such as Paul Todd’s Principles of

the Carriage of Goods by Sea3 and the latest edition of Scrutton on Charterparties is expected shortly.4

The text, which is well written and easy to read, is enlivened by some colo urful examples. This is certain ly the

case in the fifth chapter on carriage of passengers which gives some good illustrations of prob lems which have

occurred in the cruise ship business, such as the Costa Concordia, and which could occur in the future. The

chapter is international in its scope but also relates specifically to Australia and the type of business found there

together with some useful statistics and references to websites.

Chapter 6 covers marine insurance and refers to the reform of marine insurance in England (the Insurance Act

2015 (UK) comes into force in April 2016). It is explained that, as a result of the reform of English marine

insurance, further reform may be seen in Australia. Australia did not previously want to make changes which

were too radical to their marine insurance in case it affected the ability to obtain reinsurance in the London

market.

Ownership; Registration; Securities is the title of Chapter 7 which is followed by Navigation; Shipping; Safety

in Chapter 8. Chapter 9 covers Marine Labour Law and Chapter 10 Marine Collisions and G roundings; Marine

Inquiries. Chapter 11 discusses Salvage; Wreck; Underwater Cultural Heritage. Chapters 12 and 13 are

relatively short chapters on Towage and Pilotage. T he chapter on pilotage addresses the requirements for

* Member of the Institute of Maritime Law and Professor of the University of Southampton.

1 (Longman, 7th ed, 2010).

2 (OUP, 2nd ed, 2011).

3 (Routledge, 2015).

4 Sir Bernard Eder, Scrutton on Charterparties and Bills of Lading (Sweet & Maxwell, 23rd edition, forthcoming).