South Australian Current Acts South Australian Current Acts111—Rules as to division of loss upon collision at sea
(1) Where, by fault of
two or more vessels, damage or loss is caused to one or more vessels, to their
cargoes or freight, or to any property on board, the liability to make good
the damage or loss shall be in proportion to the degree in which each vessel
was in fault:
Provided that, if, having regard to all the circumstances of the case, it is
not possible to establish different degrees of fault, the liability shall be
apportioned equally.
(2) Nothing in this
section shall operate so as to render any vessel liable for any loss or damage
to which her fault has not contributed.
(3) Nothing in this
section shall affect the liability of any person under a contract of carriage
or any contract, or shall be construed as imposing any liability upon any
person from which he is exempted by any contract or by any provision of law or
as affecting the right of any person to limit his liability in manner provided
by law.
(4) For the purposes
of this section, the expression "freight" includes passage money and hire, and
references to damage or loss caused by the fault of a vessel shall be
construed as including references to any salvage or other expenses consequent
upon that fault, recoverable at law by way of damages.