The Nisshon Maru is a Japanese-registered ship.It called into Melbourne port where it took on board a number of containers of Australian wine and cheese for carriage from Melbourne to Tokyo.In respect of each container, the captain of the Nisshon Maru issued the shipper with a bill of lading that provided 'the terms of this contract of carriage shall be governed by the law of Japan and any dispute arising under this contract shall be resolved in the courts of Japan.'

Assume that most of the wine and cheese is consumed by the crew of the ship during the voyage, deliberately and without excuse.Under Japanese law, the carrier's liability for the loss of the wine and cheese is limited to a very low amount, but under Australian law the carrier has unlimited liability for loss or damage resulting from the deliberate action of the carrier or its crew.The shippers of the wine and cheese wish to initiate legal action against the carrier in Victoria under Australian law.

REQUIRED

Advise the carrier. Refer to relevant regulations, laws and cases.