The "Sam Hawk"

JurisdictionAustralia Federal only
Judgment Date2016
Neutral Citation[2016] FCAFC 26
Date2016
Year2016
CourtFull Federal Court (Australia)
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6 cases
  • Tucker v State of Western Australia
    • Australia
    • Federal Court
    • 22 November 2022
    ...FCA 808 Saunders on behalf of the Bigambul People v State of Queensland (No 2) [2021] FCA 190 Ship “Sam Hawk” v Reiter Petroleum Inc [2016] FCAFC 26; 246 FCR 337 Tjungarrayi v State of Western Australia [2019] HCA 12; 269 CLR 150 Vanstone v Clark [2005] FCAFC 189; 147 FCR 299 Walker on beha......
  • Prior v South West Aboriginal Land and Sea Council Aboriginal Corporation
    • Australia
    • Federal Court
    • 10 June 2020
    ...[2013] FCA 189 Rogers v Assets Loan Co Pty Ltd (2008) 250 ALR 82; [2008] FCA 1305 “Sam Hawk” v Reiter Petroleum Inc (2016) 246 FCR 337; [2016] FCAFC 26 Singh v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs (2011) 282 ALR 56; [2011] FCA 883 SK Foods LP......
  • Spamat S.R.L. v The owners and all persons claiming an interest in the M.v Alimirante Storni
    • Ireland
    • Court of Appeal (Ireland)
    • 9 March 2020
    ... ... However, there are many maritime claims which do not. The distinction between claims giving rise to a maritime lien and other claims is of some significance to the nature of the appeal being brought in this case. That issue is similar to the one which arose in an Australian case, the “Sam Hawk”, [2016] 2 Lloyds Law Reports, 638 where one of the issues was whether a contract between parties who had no interest in the ship could create a maritime lien, in rem, in relation to that ship which bound the owner of the ship. The Court observed that this was not an issue which could be ... ...
  • Atlas Baltic Oü v The Owners and All Persons Claiming an Interest in the M/v “Lady Magda”
    • Ireland
    • Court of Appeal (Ireland)
    • 18 January 2021
    ...that no issue concerning the recognition of a foreign maritime lien, such as confronted the Federal Court of Australia in The Sam Hawk [2016] FCAFC 26, [2016] 2 Lloyds Rep 639, arises in these proceedings. As is evident from the judgments in The Sam Hawk, that issue is one of significant 5 ......
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1 firm's commentaries
  • Transport & Logistics News - March 2017: part 1
    • Australia
    • Mondaq Australia
    • 12 April 2017
    ...to claims of US$100,000-US$400,000, unless the parties agree otherwise. Australian decisions Reiter Petroleum Inc v The Ship "Sam Hawk" [2016] FCAFC 26 The Full Court of the Federal Court overturned the first instance decision of McKerracher J in late September 2016. See the case note of th......

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