Victrawl Pty Ltd v. Telstra Corporation Ltd and Others

Abstract

Treaties — Effects — International Convention on Limitation of Liability for Maritime Claims, 1976 — Applicability — Event giving rise to claim occurring before Convention entering into force in Australia — Whether Convention having retrospective application — Interpretation — Construction — Customary international law — Article 28 of the Vienna Convention on the Law of Treaties, 1969

Relationship of international law and municipal law — Treaties — Section 6 of Limitation of Liability for Maritime Claims Act 1989 giving effect in Australian law to International Convention on Limitation of Liability for Maritime Claims, 1976 — Whether Act retrospective in its operation

Sea — Sea-bed — Damaged cable — Limitation of liability for maritime claims — Municipal law — International Convention on Limitation of Liability for Maritime Claims, 1976 — Applicability — The law of Australia