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Throughout Australia freehold land interests are protected by statutory schemes which grant indefeasibility of title to registered interests. Queensland freehold land interests are protected by Torrens system established by the Land Title Act 1994. However, no such protection exists for Crown land interests. The extent of Queensland occupied under some form of Crown tenure, in excess of 70%, means that Queensland Crown land users are disadvantaged when compared to freehold land users. This article examines the role indefeasibility of title has in protecting interests in Crown land. A comparative analysis is undertaken between Queensland and New South Wales land management frameworks to determine whether interests in crown land are adequately protected in Queensland.
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This article provides a critical evaluation of the leading pronouncements of the High Court on s 114 of the Commonwealth Con-stitution which prohibits, among other things, Commonwealth taxes on property belonging to a State and State taxes on property belonging to the Commonwealth. It is posited that the Court's construction and application of the key terms of s 114 have been undu-ly narrow and excessively legalistic.
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Għaqda Studenti tal-Liġi
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10th IMSC International Maritime Science Conference Book of Proceedings
An “Inchmaree Clause” is a special contractual clause contained in the standard hull and machinery insurance clauses of the London insurance market. It includes risks that are not directly related to the perils of the sea. Thus, for example, damages or losses occurring because of a broken shaft, bursting of boilers, a latent defect in the hull, equipment, or machinery, as well as those resulting from a navigation error, negligence of the master, officer, crew, or pilot etc., are included under the insurance coverage by virtue of such a clause. This type of standard marine insurance clause was named after a ship called “Inchmaree” involved in an English court case – Thames & Mersey Marine Insurance Co Ltd v Hamilton, Fraser & Co. (“The Inchmaree”) of 1887, in which the court ruled that damage to a ship's pump due to the accidental jamming of a vent was not due to any of the marine risks or other eiusdem generis risks covered by the standard hull and machinery insurance policy and was therefore not indemnifiable thereunder. Thus, it became obvious that there are numerous risks that the insured ships are exposed to during navigation, which are not covered by a standard hull and machinery insurance policy. The London insurance market reacted to such a development of law and incorporated a new, so-called “Inchmaree Clause” into the standard Institute hull insurance clauses. The content of the clause has changed over time with the introduction of new risks under insurance coverage. The aim of this paper is to analyse the background and purpose of the “Inchmaree” clauses contained in the broadly used standard insurance clauses and to study their salient features. Given that the clause was originally created in the English legal framework, the study entails an analysis of the relevant English case law, statutory law, and legal doctrine. The paper also discusses the legal issues related to the possible application of those or similar clauses in the context of marine insurance contracts governed by Croatian law. A short comparison is made to the corresponding solutions found in the Nordic Marine Insurance Plan.
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Case Western Reserve law review
