Associate Professor Dr Kate Lewins
B.Juris, LLB (W.Aust.), LLM (S'ton.), PhD (Murd.)

Associate Professor

About me

I joined the Law School at Murdoch University in July 1997 after almost a decade in private practice. I am a graduate of University of Western Australia (B.Juris 1987, LL.B 1988) and practised law in WA for several years before studying a Master of Laws degree at University of Southampton, UK, specialising in Maritime Law.On my return to Western Australia, I resumed practice at the national firm Phillips Fox (now DLA Piper), specialising in transport and insurance advice and litigation.  I was appointed a senior associate in 1993 before joining the Law School in July 1997.

In 2009 I was awarded a Ph.D (Murdoch University) for my thesis entitled “The Trade Practices Act (Cth) 1974 and its Impact on Maritime Law in Australia“.

I hold various University Committee administrative positions. I recently completed a term as Associate Dean Learning and Teaching for the School of Law.

Teaching

I am lucky to have been able to teach in areas that are all within my sphere of interest. I have taught the units of Shipping Law, Insurance Law, Admiralty Law, Commercial Law, Civil Procedure. In 2016 I will be teaching Torts. 

In 2015 I was proud to be named the MSLS lecturer of the year.

Research areas

Kate has written numerous peer-reviewed papers on maritime and related topics including  carriage of goods by sea, and the effect of the Trade Practices Act /Australian Consumer Law on contracts for the carriage of goods, towage contracts, contracts for the carriage of cruise ship passengers, crimes at sea, sub-bailment on terms and maritime liens in Australia.

Kate makes submissions to government on matters within her expertise. She was invited to give evidence at the Parliamentary Inquiry into Arrangements surrounding Crimes at Sea in 2012, and her submission was widely quoted in the 2013 Report. She has recently made submissions to Treasury concerning the Australian Consumer Law as it applies to passengers by sea.

Kate is also active in the field of general insurance and marine insurance. In 2012 she was invited to address a conference on Insurance Law in London concerning the law reform proposals in England and Wales. In September 2015 she was invited to give the Australian Maritime and Transport Arbitration Commission Annual Address.

Kate is regularly invited to give conference presentations on aspects of insurance and maritime law. Some of her presentations are listed below.

Current projects

Kate has completed her book on Carriage of Passengers by Sea. It outlines the law in England Australia and Singapore. It is to be published by Sweet & Maxwell towards the end of 2016.

Conference presentations

Here is a selection of conference papers and presentations delivered by Kate:

‘A view from the crow’s nest: maritime arbitrations, maritime cases and the common law’ AMTAC Annual Address, Perth 16 September 2015

‘The cruise ship industry in Australia – are our laws fit for purpose’  Women in Shipping and Transport Association, November 2015

‘Cruise ship law - hot topics’ at Cruise Ship Tourism Economic Forum, China 15 November 2013 (Shanghai, PRC)

‘Crime and the Cruise Liner Industry’ at MLAANZ Annual Conference 13 September 2012 (Brisbane)

‘Going walkabout with Australian Insurance Law: the Australian experience of reforming utmost good faith’ at Insurance Contract Law Reform Academic Conference organised by University of Southampton 16 April 2012 (London).

‘Piracy, Ransom and Marine Insurance’ MLAANZ Annual Conference 14 October 2010 (Melbourne).

‘Considering the merits of a liability regime for passengers carried by sea – a regional perspective’ Hong Kong Centre for Maritime and Transportation law Inaugural Conference March 19 2010 (Hong Kong).

‘Insurance law – back to basics’ Australian Insurance Law Association (WA) 26 May 2010 (Perth).

‘Mandatory law and Maritime law’ Maritime Law Association of Australia and New Zealand (WA) Seminar 23 April 2009 (Perth).

‘2008 – the year in review’ Australian Insurance Law Association (WA), 17 December 2008 (Perth).

‘What’s the TPA got to do with it? Safety, quality and towage contracts’ MLAANZ Annual Conference 6 October 2005. (Auckland)

‘Teaching and Learning using Technology’ Australian Legal Education Forum; 5 July 2005 (Perth).

‘The Groupwork Experience and Civil Procedure’ Civil Litigation Symposium, Flinders University, 15 April 2005 (Adelaide)

‘Translators and the Law’ WA Institute of Translators and Interpreters Professional Development Workshop 29 May 2004 (Perth)

‘The cruise ship industry – liabilities to passengers for breach of s52 and s74 Trade Practices Act 1974 (Cth)’ Maritime Law Association of Australia and New Zealand Annual Conference, 2 October 2003 (Brisbane).

Professional and community service

Kate is active in the maritime law sphere. She has been

  • Director, International Maritime Law Arbitration Moot (2006 – ongoing)
  • General Editor of the ANZ Maritime Law Journal (a MLAANZ publication) from 2006 – 2013 

Kate is active in university administration, sitting on various university committees. She has held a number of administrative roles within the School of Law including Associate Dean, Learning and Teaching, and Chair of the Learning and Teaching Committee.

Kate is currently involved with the MLAANZ campaign to encourage the Federal Government to update its ratifications of international maritime conventions.

 

Doctoral and masters supervisions

PhD Completions:

Shaw, Stephen: The assessment of disputes about legal costs: A comparative analysis of the Western Australian and New South Wales Regimes (2014)

Kate is currently supervising one PhD student.

Publications

Journals

  • Lewins, K., (2015), CRUISE SHIP OPERATORS, THEIR PASSENGERS, AUSTRALIAN CONSUMER LAW AND STATE CIVIL LIABILITY ACTS - PART 1, Australian and New Zealand Maritime Law Journal, 29, 2, pages 93 - 110.
  • Lewins, K., Nair, A., (2015), International Recent Developments: Australia, Tulane Maritime Law Journal, 39, 2, pages 613 - 644.
  • Walker, S., Lewins, K., (2014), Dashed expectation? The impact of civil liability legislation on contractual damages for disappointment and distress, Australian Business Law Review, 2014, 42, pages 465 - 475.
  • Lewins, K., Nair, A., (2014), International Recent Developments: Australia, Tulane Maritime Law Journal, 38, Number 2 Summer 2014, pages 583 - 611.
  • Lewins, K., (2013), Going Walkabout with Australian Insurance Law: The Australian Experience of Reforming Utmost Good Faith, Particularly in Relation to Late Payment of Claims, and Fraud, Journal of Business Law, , 1, pages 1 - 22.
  • Lewins, K., Nair, A., (2013), International Recent Developments: Australia, Tulane Maritime Law Journal, 37, 2 Summer 2013, pages 559 - 589.
  • Lewins, K., Gaskell, N., (2013), Jurisdiction over criminal acts on cruise ships: perhaps, perhaps, perhaps?, Criminal Law Journal, 37, 4, pages 221 - 245.
  • Lewins, K., (2012), An insurer's pre-contractual duty ofdisclosure under the Marine Insurance Act1909 (Cth), Insurance Law Journal, 35, , pages 35 - 50.
  • Lewins, K., (2012), International Recent Developments: Australia, Tulane Maritime Law Journal, 36, 1, pages 1 - 25.
  • Lewins, K., Merkin, R., (2011), Case note: Masefield Ag v Amlin Corporate Member Ltd; the Bunga Melati Dua piracy, ransom and marine insurance, Melbourne University Law Review, 35, 2, pages 717 - 734.
  • Lewins, K., (2010), Australian cruise passengers travel in legal equivalent of steerage - considering the merits of a passenger liability regime for Australia, Australian Business Law Review, 38, 2, pages 127 - 142.
  • Lewins, K., (2009), Australian Insurance Law Cases 2008, Journal of Business Law, , 6, pages 543 - 568.
  • Lewins, K., (2008), Reforming Non-disclosure in Insurance Law: The Australian Experience, Journal of Business Law, 2008, 2, pages 158 - 178.
  • Lewins, K., (2008), Maritime Law and the TPA as a "mandatory statute" in Australia and England: Confusion and consternation?, Australian Business Law Review, 36, 2, pages 78 - 136.
  • Lewins, K., (2006), Breach of Warranty in Marine Insurance: Allison Pty Ltd t/as Pilbara Marine Port Services v Lumley General Insurance Ltd [2006] WASC 104 (Pilbara Pilot), Australian and New Zealand Maritime Law Journal, 20, , pages 54 - 57.
  • Lewins, K., (2006), The Groupwork Experience in Civil Procedure, ELaw - Murdoch University Electronic Journal of Law, 13, 1, pages 225 - 241.
  • Lewins, K., (2006), What's the Trade Practices Act Got To Do With It? Section 74 and Towage Contracts in Australia, ELaw - Murdoch University Electronic Journal of Law, 13, 1, pages 58 - 76.
  • Lewins, K., (2004), The Cruise Ship Industry - Liabilities to Passengers for Breach of s52 and s74 'Trade Practices Act 1974' (Cth, Maritime Law Association of Australia & New Zealand (MLAANZ) Journal, 18, , pages 30 - 54.
  • Lewins, K., (2004), Corporate morality and commercial maritime contracts: considering the impact of the Trade Practices Act 1974 (Australia), s52 on carriage of goods by sea, Lloyds Maritime and Commercial Law Quarterly, Part 2, , pages 197 - 218.
  • Lewins, K., (2004), British Business Law: Insurance: Drawing a Line in the Sand (or the Seabed) - Just Where is the Boundary Between Marine Insurance and General Insurance? The Australian High Court Decides, Journal of Business Law, March Issue, , pages 262 - 271.
  • Lewins, K., Lo, S., (2003), Striving for Equilibrium: A Critical Analysis of Section 54 of The Australian Insurance Contracts Act, ELaw - Murdoch University Electronic Journal of Law, 10, 2, pages 1 - 101.
  • Lewins, K., (2003), Where is the boundary between marine insurance and general insurance? Gibbs v MMI reaches the High Court, Insurance Law Journal, 15, 1, pages 89 - 98.
  • Lewins, K., Davies, M., (2002), Foreign Maritime Liens: Should They Be Recognised in Australian Courts?, Australian Law Journal, 76, 12, pages 775 - 782.
  • Lewins, K., (2002), Sub-Bailment on Terms and the Australian Consumer, ELaw - Murdoch University Electronic Journal of Law, 9, 3, pages N/A - N/A.
  • Lewins, K., (2000), Are the 1998 Amendments to COGSA Holding Water?, Australian Business Law Review, 28, 6, pages 422 - 427.