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The Cruise Ship Industry – Liabilities to Passengers for Breach of s52 and s74 Trade Practices Act 1974 (Cth)

Lewins, K.ORCID: 0000-0001-5276-2777 (2004) The Cruise Ship Industry – Liabilities to Passengers for Breach of s52 and s74 Trade Practices Act 1974 (Cth). MLAANZ Journal, 18 . pp. 30-54.

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Abstract

Cruise ship operators that are subject to Australian laws find that their passengers have important rights under the Trade Practices Act 1974 (Cth) ("TPA"), particularly sections 52 and 74. However recent changes to the law have reduced the scope of these claims and given some ground back to the cruise ship operators. Additional proposed amendments, still before parliament, will alter the scenario again. The overall result is a further muddying of the waters for passenger claims where Australian law applies. This paper considers the circumstances in which a cruise ship operator will be bound by the provisions of the TPA, explores the impact of the TPA on cruise ship passenger liability, reflects on the recent and proposed changes to the TPA as regards liability for personal injury and looks at the consequences for the cruise ship operator who wishes to invoke a Convention limiting passenger liability.

Item Type: Journal Article
Murdoch Affiliation: School of Law
Publisher: The Maritime Law Association of Australia and New Zealand
Publishers Website: http://ssl.law.uq.edu.au/journals/index.php/mariti...
URI: http://researchrepository.murdoch.edu.au/id/eprint/54589
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