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Dr Kate Lewins

Senior Lecturer
B.Juris LL.B W.Aust LL.M S’ton Ph.D Murdoch

Kate Lewins joined the Law School in July 1997 after almost a decade in private practice. Kate is 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 her return to Western Australia, Kate resumed practice at the national firm Phillips Fox, specialising in transport and insurance advice and litigation. She was appointed a senior associate in 1993. After almost a decade in legal practice, Kate Lewins joined the Law School in July 1997.

In 2009 Kate was conferred with a PhD ( Murdoch University) for her thesis entitled "The Trade Practices Act (Cth) 1974 and its Impact on Maritime Law in Australia".

Kate has taught the units of Civil Procedure, Contract, Commercial Law, Maritime Law, Shipping Law, Admiralty Law and Insurance Law.

Kate is active in the field of maritime law. Kate is the editor of the Maritime Law Association of Australia and New Zealand (MLAANZ) journal, the only maritime law journal in the Australasian region http://www.law.murdoch.edu.au/maritimemoot/. The School of Law hosts that journal and students can be involved in the production of the MLAANZ journal for academic credit. Since 2006, Kate has been the Director of the International Maritime Law Arbitration Moot Competition which attracts teams from law schools throughout Australia and from overseas. That is held in June or July each year https://maritimejournal.murdoch.edu.au/index.php/maritimejournal.

Kate has written numerous articles on topics of a maritime nature including marine insurance, sub-bailment on terms, maritime liens in Australia, carriage of goods carried by sea, the effect of the Trade Practices Act on contracts for the carriage of goods, towage contracts, and cruise ship passengers. Kate is regularly invited to give conference presentations on aspects of maritime law.

Kate devotes a great deal of time and energy to her teaching. The fact that the students appreciate her efforts is borne out by the fact that the Murdoch Student Law Society awarded Kate the inaugural ‘Law Lecturer of the Year’ award in 2005.Kate also has a special interest in technology, both as a tool for teaching and for legal practice. As the then Associate Dean – New Technologies, Kate was the academic staff member responsible for the Freehills Lecture Theatre and Moot Court and organised student learning activities that exploit the special features of the Moot Court. In 2005 Kate planned and implemented the inaugural offering of the unit Electronic Practice and Litigation, one of the law school’s first intensive units, which aimed to increase student understanding and familiarity with issues arising with technology and the practice of law. This unit has beena regular offering since then.. Kate was also on the organising committee for the inaugural ‘Virtual Mooting Competition’, a mooting competition held between law schools in Australia and overseas which has operated each year since 2006. It is held entirely over the internet, using IP videoconferencing technology.


Career:
   
2004– Present, Murdoch University Senior Lecturer
1997 – 2003,  Murdoch University Lecturer
1988 – 1996, Phillips Fox Solicitor
 

Awards:

Nominated for Teaching Excellence Awards in 1998 and 2002.
   
Voted ‘Lecturer of the Year’ by law students in 2005.
   
Winner, Dean's research prize for 2009
 

 
Education:
  • B.Juris – University of Western Australia, 1987
  • LL.B – University of Western Australia, 1988
  • LL.M – University of Southampton, 1991
  • Ph.D - Murdoch University, 2008
Teaching:

Currently responsible for teaching the units:

  • LAW350 Civil Procedure
  • LAW319 Insurance Law
  • LAW339 Maritime Law
  • Also experienced in teaching Commercial Law and Contract Law.
Research:

Areas of particular interest include:

  • carriage of goods by sea
  • marine insurance
  • sea carriage documents
  • cruise ship liability
  • impact of Trade Practices Act (Cth) on liabilities in maritime law in Australi
Publications:

A selection of her publications are as follows:

Refereed publications

  1. "Reforming Non Disclosure in Insurance Law: the Australian Experience" (2008) Journal of Business Law (UK) 158 – 178.
  2. "Maritime Law and the TPA as a ‘Mandatory Statute’" in Australia and England: Confusion and Consternation? (2008) 36 Australian Business Law Review 78 - 136.
  3. "The Groupwork Experience in Civil Procedure" (2006) 1 E-Law (Murdoch University Electronic Journal of Law) 225 - 241
  4. ‘What’s TPA got to do with it? S74 and Towage Contracts in Australia’ (2006) 13(1) E-Law (Murdoch University Electronic Journal of Law) 58 - 76
  5. "Are the 1998 amendments to COGSA holding water?" (2000) 28 Australian Business Law Review 422 (December 2000 edition)
  6. “Australia Proposes Marine Insurance Reform” (2002) Journal of Business Law (May edition)
  7. "Sub bailment on terms and the Australian Consumer". (2002) Vol 9 No 3 E Law - Murdoch University Electronic Journal of Law (September 2002)
  8. Foreign Maritime Liens: Should they be Recognised in Australian Courts? (2002) 76 Australian Law Journal 775 (December 2002 edition) (Co– authored with Professor Martin Davies)
  9. “Drawing a line in the sand – just where is the boundary between marine and general insurance? The Australian High Court Decides.” (2004) Journal of Business Law ( UK )
  10. “Where is the boundary between marine insurance and general insurance? Gibbs v MMI reaches the High Court.", (2003) 15 Insurance Law Journal, 89-98.
  11. “Corporate Morality and Commercial Maritime Contracts: Considering the impact of s52 Trade Practices Act 1974 ( Australia ) on Carriage of Goods by Sea.” (2004) Lloyds Maritime and Commercial Law Quarterly ( UK ) 197
  12. “The Cruise Ship Industry – Liabilities to Passengers for Breach of s52 and s74 Trade Practices Act 1974 (Cth)” (2004) 18 MLAANZ Journal 30

Non refereed publications

  1. ‘Towage Contracts, UK Standard Conditions for Towage and s74(3) Trade Practices Act 1974 (Cth): PNSL Berhad v Dalrymple Marine Services Pty Ltd; PNSL Berhad v The Owners of the Ship ‘Koumala’ [2007] QSC (Helman J, 19 April 2007)’ (2007) Journal of Business Law 582 (UK)
  2. ‘UK Standard Conditions for Towage and s74(3) TPA: PNSL Berhad v Dalrymple Marine Services Pty Ltd; PNSL Berhad v The Owners of the Ship ‘Koumala’ [2007] QSC (19 April 2007)’ (2007) 21 A&NZ Mar LJ 101 – 105.
  3. ‘Breach of Warranty in Marine Insurance: Allison Pty Ltd t/as Pilbara Marine Port Services v Lumley General Insurance Ltd [2006] (‘Pilbara Pilot’)’ (2006) 20 A&NZ Mar LJ 54 – 57.
  4. “Marine insurance reform – rocking the boat?” (2001) 79 Reform 48
  5. “The increasing importance of technology in life, (litigation), the universe…and everything” Carpe Diem May 2005

Conference/Professional presentations

  1. "Utmost good faith in claims management - the insured's weapon?" Australian Insurance Law Association (WA Branch) Perth 16 September 2000
  2. "The 1998 amendments to Carriage of Goods by Sea Act" Maritime Law Association of Australia and New Zealand (WA Branch) Perth 22 February 2001
  3. "Disasters and frauds - counting the cost of multiple claims" Australian Insurance Law Association (WA Branch) Perth 28 November 2001
  4. “Sub bailment on terms and the Australian Consumer” Australian Law Teachers Association Annual Conference ( Perth ) 30 September 2002 .
  5. “Translators and the Law” WA Institute of Translators and Interpreters Professional Development Workshop 29 May 2004 ( Perth )
  6. “The Groupwork Experience and Civil Procedure” Civil Litigation Symposium, 15 April 2005 (Adelaide)
  7. “Teaching and Learning using Technology” Australian Legal Education Forum 5 July 2005 (Perth)
  8. “What’s the TPA got to do with it? Safety, quality and towage contracts” MLAANZ Annual Conference 6 October 05. (Auckland)
Contact:
   
Address:  
ECL/2.026, School of Law +61 8 9360 2972
Murdoch University +61 8 9310 6671
South Street K.Lewins@murdoch.edu.au
MURDOCH WA 6150 www.law.murdoch.edu/staffs/k.lewins.html

 

 

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