i-law

Lloyd's Maritime and Commercial Law Quarterly

Marine insurance law in Australia: the Australian Law Reform Commission proposals

Sarah C.Derrington *

On 22 May 2001, the Commonwealth Attorney-General tabled the Report of the Australian Law Reform Commission (ALRC) on the Review of the Marine Insurance Act 1909 (MIA). 1 The ALRC has made 44 recommendations, which, if accepted by Parliament, will have a significant impact on the law of marine insurance in Australia. This paper sets out the recommendations and comments on the reason for the recommendation and the likely consequences of amendment in the terms suggested.

The approach to reform

1. The MIA should be retained as a separate legislative regime for marine insurance with the changes recommended elsewhere in this report
For Australia, the issue of retention of the MIA as a separate legislative regime was very real. Australia has several insurance law regimes, only one of which is the MIA. Most non-marine insurance is governed by the Insurance Contracts Act 1984 (ICA), which was enacted consequent upon a report of the ALRC in 1982.2 The ICA does not apply to contracts to which the MIA applies3 and in 1998 the ICA was amended expressly to include the insurance of pleasure craft within its ambit.4 The ICA also deals with the insurance of risks in respect of commercial aircraft and land transport. In addition to these two major Commonwealth legislative schemes, there are other federal and State schemes which deal with health insurance, insurance relating to workers’ compensation and third party motor vehicle insurance. Reinsurance is governed either by the common law or the MIA. The fact that the MIA essentially governs only commercial insurance, coupled with the need to give due weight to the interests of the marine insurance industry in having a regime consistent with international practice, led the ALRC to make recommendation 1 in the terms it did. The subsequent recommendations will have the effect, however, of modifying the range of contracts to which the MIA will apply and the way in which it will apply to them.5

214

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.