CONFLICT OF LAWS

Inquiry Into Cruise Ship Personal Injury Liability (conflict of laws perspectives only)

Based on a request from the Attorneys General of the Commonwealth, the States and the Territories, an inquiry has been initiated to explore the conflict of laws implications for personal injury claims against cruise ship operators.

As the Nygh text makes clear, the Australian choice of law rules for personal injuries on ships is far from settled. However, the focus of this Inquiry is the choice of forum/choice of law clause cited above - the Clause.

The conflict of laws perspective includes all the topics addressed in LAWS5057 including jurisdiction, enforcement of judgments, cross-vesting, forum non conveniens and choice of law.

Q) Would the plaintiff's causes of action have an effect on how the Clause is interpreted by an Australian Court? Supply an example.

Use legislation, and relate it to Italian law athens convention, and international convention injury compensation

use the following example