Lawyers Joe Hurley and Ryan Hunter of HWL Ebsworth, write:
Like the drunken sailor, a good mariner must know his limits. And the same is true at law. Ordinarily in Australian law, parties are free to agree their own limits in their contracts, and liability outside of contracts can be as great as the damage suffered.
However, in maritime law, the position changes thanks to Australia’s adoption of international treaties and conventions. Some of the best known limits are in the Amended Hague Rules (scheduled in the Australian Carriage of Goods by Sea Act 1991), but there are also limits for oil pollution, nuclear damage and, as discussed in this article, general maritime claims.
