International Cargo Insurance
7
AUSTRALIAN LAW AND PRACTICE
AUSTRALIAN LAW AND PRACTICE
Derek Luxford 1INTRODUCTION
Scope and structure of the chapter
7.1
As Australia and England share common legislation 2 and practice, 3 this chapter concentrates on those aspects of Australian law and practice that diverge from that described in (English law). In order to enable a quick comparison to be easily made between the law of Australia and England regarding, for example, non-disclosure or warranties, or claims issues, such as loss of the adventure or constructive total loss, this chapter is structured in the same order, and with the same headings, as the other common law chapters in this book and, in particular, as the English law chapter. The most important differences between Australian and English law are in relation to the insurance of cargo for inland transit or in store, or against other risks that do not involve maritime perils. 4 These risks are subject to the separate regime of the Insurance Contracts Act 1984, which imposes a more even balance between the rights of the assured and insurers.