2019 Richard Cooper Memorial Lecture

  • When4.45-7pm, Thursday 24 October 2019

  • WhenHarry Gibbs Cmlth Law Courts, Brisbane, QLD

  • WhereLive broadcasting to other states

In memory of Richard Cooper, Justice of the Federal Court from 1992-2005, you are invited to join UQ Law at the 2019 Richard Cooper Memorial Lecture, dedicated to maritime law.

This free event will be held at the Harry Gibbs Commonwealth Law Courts in Brisbane, with live broadcasts to the courts in Sydney, Melbourne, Adelaide and Perth.

About the lecture

The fluctuating incidence of the burden of proof under the Hague-Visby Rules:
The implications of Volcafe v CSAV [2019] AC 358 on the position in Australia

Presented by The Honorable Justice A M Stewart

The Hague Visby Rules embody a widely adopted, and legislated, set of rules governing the liability of carriers of cargo by sea for loss of or damage to cargo that they carry. Key amongst the provisions of the Rules are those that place an obligation on the carrier before and at the beginning of the voyage to make the ship seaworthy and to properly and carefully load, stow carry and discharge the cargo carried (Article III Rules 1 and 2), and except the carrier from responsibility for loss or damage resulting from one or more of a list of different perils including fire and perils of the sea (Article IV Rule 2). How do these provisions relate to each other and who bears the onus of proving what? The Supreme Court of the United Kingdom recently came to reconsider what had been said in the House of Lords in Albacora srl v Westcott & Laurence Line Ltd [1966] 2 Lloyd’s Rep 53 and to consider what had been said in the High Court of Australia in Great China Metal Industries Co Ltd v Malaysian International Shipping Corpn Bhd (The Bunga Seroja) (1998) 196 CLR 161, and took a contrary view. The paper will review these developments and consider what implications there are for the position in Australia.

  • Host site


    4.45pm AEST for 5–6pm with light refreshments until 7pm
    Court 1, Level 7, Harry Gibbs Commonwealth Law Courts , 119 North Quay, Brisbane QLD 4000

  • Live broadcasts

    • Perth

      2.45pm for 3–4pm
      Court 1, Peter Durack Commonwealth Law Courts Building, 1 Victoria Avenue, Perth WA 7000

    • Adelaide

      5.15pm for 5.30–6.30pm
      Court 3, Level 5 Roma Mitchell Commonwealth Law Courts Building, 3 Angas Street, Adelaide SA 5000

    • Melbourne

      5.45pm for 6–7pm
      Court 6A, Commonwealth Law Courts Building, 305 William Street, Melbourne VIC 3000

    • Sydney

      5.45pm for 6–7pm
      Court 18A, Level 18, Law Courts Building, Queens Square, 184 Philip Street, Sydney NSW 2000

The Honorable Justice A M Stewart

Justice Stewart is a graduate of the University of Natal (BA LLB cum laude) and the University of Oxford (BCL first class) where he was a Rhodes Scholar (Natal 1992). From 1996 to 2010, he practised at the Bar in South Africa, being appointed Senior Counsel there in 2006. Justice Stewart practised at the Bar in Sydney from 2011 to February 2019, being appointed Senior Counsel for New South Wales in 2014. His practice at the Bar spanned public law and private law with particular specialisation in shipping and international trade, commercial disputes and international commercial arbitration. Justice Stewart was appointed a Fellow of the Chartered Institute of Arbitrators (FCIArb) in 2014. Justice Stewart was appointed a judge of the Federal of Australia in February 2019.


Please direct any enquiries to events@law.uq.edu.au.

About the Richard Cooper Memorial Lecture

The annual Richard Cooper Memorial Lecture is a joint initiative of UQ Law and the Federal Court of Australia.

The series was established in 2005 in honour of the late Justice Richard Cooper of the Federal Court of Australia, who passed away suddenly on 14 March 2005.

It is dedicated to the strong interests in maritime and native title law which he developed over the course of a long and distinguished legal career.

Find out more about the Richard Cooper LLM Scholarship



This event is free but spaces are limited

Register now