Leading lawyers in Australia have been briefed at an Australian Academy of Law event about the advent of the container revolution.
Documentary film-maker and maritime expert Martin Orchard gave an overview of the history of container shipping and container logistics. Starting with Malcolm McLean’s innovative experiment with the Ideal-X in 1956, Mr Orchard explained the origins of container consortia and Australia’s entry into the world of container shipping.
50 years of history
In 2019, Australia celebrated the 50th Anniversary of the arrival of its first container ship, the Encounter Bay. It signalled the entry of Australia to the international container trade network.
World in a Box
Produced by a group of volunteers led by Martin Orchard and Frank Needs, the documentary World in a Box highlights the importance of shipping and the critical role that the humble container has played in super-charging international trade. It has massively reduced the cost of international transport and made world-wide goods available to consumers anywhere on the globe. Watch the documentary here.
Box brief: legal issues to be resolved
Also speaking was the Honourable Justice Sarah Derrington, a judge of the
Federal Court of Australia.
Her Honour noted that there is no one legal regime governing liability for the multi-modal carriage of goods. She observed that there are a series of regimes covering carriage by sea, air, road and rail.
“The issue lingers because neither the Hague nor the Hague-Visby Rules, which remain the primary liability regime for the carriage of goods by sea, were drafted with containerization in mind,” Justice Derrington said.
Interested parties can read Justice Derrington’s analysis here.
Containerisation and the shipping transaction
Also speaking on the topic of containerisation was the Honourable Justice Angus Stewart, a judge of the Federal Court of Australia. His Honour discussed the the impact the introduction of the container on four key contracts: the contract of sale; the contract of carriage; the ship-charter and the contract of insurance for the carriage of goods.
“Containerisation has had a significant impact on the legal relationships involved in the carriage of goods by sea. As with the international legal framework, the domestic legal ramifications of the “container revolution” continue to arise for resolution,” His Honour commented.
Interested parties can read Justice Stewart’s analysis here.
Full recording
