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CHAPTER 8 Australia

Limitation of Liability for Maritime Claims

8 Australia Stuart Hetherington Withnell Hetherington, Sydney INTRODUCTION Limitation Until the passing of the Navigation Amendment Act 1979, when Australia gave effect to the 1957 Limitation Convention, the relevant legislative regime in Australia was governed by the United Kingdom Merchant Shipping Act 1894. However, subsequent amendments to that legislation (in particular the 1958 Merchant Shipping (Liability of Shipowners and Others) Act, which gave effect, in the UK, to the 1957 Convention), were held by the Australian High Court in Bistricic v. Rokov , 1 not to apply in Australia. That case clearly gave impetus to the Australian legislature to enact its own limitation law and gave rise to the Navigation Amendment Act 1979.

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