Ship Arrest And The Sheep Trade: Recent Cases From The Wild West

The Federal Court sitting in Western Australia handed down three decisions in rapid succession last month dealing with AM SA's attempt to impose loading restrictions on a foreign flagged, live sheep export vessel and movement of a vessel under arrest. In their different ways, the cases illustrate the commerciality of the Courts' approach in reaching decisions that facilitate trade.

Vessel requirements and the live export trade

On 3 October 2008, the owner/operator of a Kuwaiti flagged vessel, the 'Al Messilah' came before the Federal Court in Western Australia (Livestock Transport & Trading v Australian Maritime Safety Authority [2008] FCA 1569). The owner/operator sought an injunction to stop the Australian Maritime Safety Authority (AMSA) from preventing the vessel from loading livestock until the vessel complied with section 6.6 of Appendix 4 of Marine Orders Pt 43 Issue 6 (Marine Orders).