Transport law in Australia. 2nd, rev. ed

Cover Title Page Copyright Page The Author List of Abbreviations Preface General Introduction §1. Background Information on the Country I. Geography and Climate II. The Economic Setting III. The Constitutional, Political, and Legal Systems IV. The Road and Rail Systems V. Australian Transport Safety Bureau VI. Inland Waterways VII. Airports and Civil Aviation VIII. Pipelines Part I. Introduction §1. Institutions Regulating the Transport System I. The Department of Transport and Regional Development II. The Australian Transport Advisory Council III. The Bureau of Transport and Communications, Economics IV. Australian Maritime Safety Authority V. Australian Transport Safety Bureau VI. The National Transport Commission VII. The Ministerial Council for Road Transport VIII. The Australian Road Transport Advisory Committee IX. Austroads X. The Australian Road Research Board XI. The National Rail Corporation XII. Airservices Australia XIII. Civil Aviation Safety Authority XIV. The International Air Services Commission §2. Outline of Chapters Part II. Maritime Law Chapter 1. Carriage by Sea §1. General §2. Demise Charter Parties §3. Voyage Charter Parties I. ‘Gencon’ Provisions II. The ‘Near’ Clause III. Safe Ports IV. Loading V. Demurrage §4. Time Charter Parties I. General Provisions II. Anti-technicality Clauses III. Cessation of Hire IV. Speed Warranties V. Redelivery VI. Cancelling Clauses §5. Special Clauses and Frustration I. War, Ice, and Penalty Clauses II. Frustration of Charter Parties §6. Bills of Lading I. Principal Functions II. Evidence of Quantity Shipped III. Good Order and Condition IV. Transfer of Ownership V. Authority to Sign Bill of Lading VI. Cessation §7. The Hague-Visby Rules I. Application of the Hague-Visby Rules II. The Carrier’s Obligations III. Exemptions from Liability IV. Duty Not to Deviate V. Dangerous Goods VI. Limitation of Actions VII. Limitation of Liability VIII. Third Party Liability on a Bill of Lading §8. Reform of Bills of Lading Legislation §9. Cargo Owner’s Rights in Tort to Sue a Carrier §10. International Liner and Cargo Shipping Legislation Chapter 2. Shipping Law §1. Introduction §2. Registration of Ships §3. Limitation of Liability §4. Marine Pollution I. MARPOL II. Sea Dumping III. Intervention IV. Civil Liability V. Fund: The 1992 Protocol and the National Plan VI. Preparedness and Response VII. The 2001 Bunker Oil Pollution Convention §5. Collision §6. Salvage §7. Towage §8. Pilotage §9. Admiralty Part III. Other Transport Chapter 1. Carriage by Road §1. General §2. Common and Private Carriers I. Common Carriers II. Private Carriers A. General B. Liability for Negligence C. Contracting Out D. Subcontractors E. Liability of the Carrier as a Warehouseperson F. Delay G. Deviation H. Misdelivery I. Transit and Stoppage in Transit J. Measure of Damages §3. Carriage of Passengers §4. Federal Road Transport Legislation and Regulation I. Freedom of Interstate Trade II. The Interstate Commission III. Trade Practices Act 1974 (Cth) and Road Transport IV. Uniform Road Transport Law §5. Operation of Model Legislation I. Heavy Vehicles II. Vehicle Charges III. Vehicle Operations IV. Australian Road Rules V. Dangerous Goods VI. Compliance and Enforcement VII. State and Territory Law Chapter 2. Carriage by Rail §1. Federal Legislation I. Commonwealth and Railway Management II. State Authorities: Rail Provision A. New South Wales B. Queensland C. South Australia D. Tasmania E. Victoria F. Western Australia III. Standard Conditions of Rail Carriage §2. Australian Rail Track Corporation Agreement Chapter 3. Carriage by Air §1. Introduction §2. Warsaw Convention (Amended) §3. Successive Carriers §4. Baggage Check §5. Airway Bill §6. Liability for Destruction, Damage, or Loss §7. Wilful Misconduct and the Cargo Carrier §8. Liability for Cargo Loss and Damage Due to Delay §9. Limitations of Liability and Special Declarations §10. Recourse between Successive Carriers §11. Limitation of Carrier’s Liability §12. Passenger Ticket §13. Liability for Passenger Injury and Death §14. Bilateral Airline Agreements §15. Domestic Airline Deregulation Table of Cases Table of Statutes Selected Bibliography Index Derived from the renowned multi-volume 'International Encyclopaedia of Laws', this book provides a systematic approach to transport law as applied in Australia. The book describes the main sources of transport law, jurisdiction and courts, state immunity, and the legal role of transport intermediaries, with detailed reference to maritime law, transport by road, transport by air, transport by rail, and inland navigation. A special chapter is devoted to multimodal transport. Among the elements of transport law considered are the legal status of the vessel; its acquisition, ownership, and registration; vessel liens and mortgages; the position of master and crew; maritime salvage and assistance; marine pollution; collision; and carriage of passengers. Other topics discussed include liability and limitation of liability, charter parties, and transport under bill of lading. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are also covered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling transport contracts or cases affecting Australia. It will also be welcomed by researchers and academics for its contribution to a field that continues to gain significance in the study of comparative law