Queensland marine collisions and apportionment of liability

In the recent decision of Balnaves v Smith & Anor; Malone v Smith & Or [2010] QSC 39, the Queensland Supreme Court rejected the previous school of thought that section 247 of the Supreme Court Act 1995 (Qld) mandates an equal apportionment regardless of the degree of fault in Queensland maritime collisions. The Court also held that where the claim relates to certain types of vessels in Queensland waters the Limitation of Actions Act 1974 (Qld) limitation period of three years will apply and not the two year limitation under section 396 of the Navigation Act 1912 (Cth).

The Facts

Mr Balnaves and his passenger, Mr Malone, were travelling upstream on the Coomera River in a 6.1 metre Bayliner Capri Runabout. At the same time, Mr Smith was travelling downstream in a 5.4 metre Haines Hunter speedboat. At around 2.40pm the boats collided at a bend in the river and all three individuals were badly injured.