Nathan Cecil – Norton White

Brokers – The Marine Peril of Not Knowing the Market

Two recent cases have highlighted the need for brokers to be familiar with the nature of their client’s business and the limits and exclusions of marine insurance products on the market. In both of these cases, the broker…more

| Commercial Law & Contracts, Insurance, Maritime Law, Professional...

Update on Ship Arrest in Australia – Hidden Arrest Proceedings

This short note is to update our clients and contacts in relation to revised ship arrest filing procedures recently adopted by the Federal Court of Australia, which mean that arrest proceedings won't be known until the Admiralty…more

| Civil Procedure, International Law & Trade, Maritime Law

The Costs of Delayed Crew Reporting

This article is a reminder to all operators of ships trading to Australia about the requirement to report crew and passengers to Customs at least 96 hours before arrival in the first Australian port of call, or face significant…more

| Administrative Law, Maritime Law, Transportation

Loss, Liability and Warranty Surveys

In this recent Federal Court case, the Court had to decide on the extent of warranties and assurance provided by marine surveyors in providing a survey report for insurance purposes. Essentially, the question for determination…more

| Commercial Law & Contracts, Insurance, Maritime Law, Professional...

Port State Control Detention Over Two Hour Temporary Defect Upheld

In a decision handed down last week, the Administrative Appeals Tribunal upheld a PortState Control decision to detain a ship for a defect which was rectified within approximately two hours of the inspection. Whilst the…more

| Administrative Law, Commercial Law & Contracts, International Law &...

Foreign Arbitration Agreements in Australian Voyage Charterparties Void

In a recent decision the Federal Court of Australia held that foreign arbitration agreements in voyage charterparties for the carriage of goods from Australia are void. As a result, the Court refused to enforce two London…more

| Alternative Dispute Resolution (ADR), Commercial Law & Contracts,...

Seizing Arrested Ship's Documents

New laws presently being mooted provide for the seizure of original ship’s Certificates for vessels arrested in Australia. If accepted, the new laws could be in place in the coming months. The seizure and any…more

| Maritime Law

Recovery Actions for Unpaid Bunker Claims.

High bunker prices and tight economic circumstances have resulted in a perfect storm,leaving unpaid bunker suppliers in its wake. This article discusses preventative and enforcement actions open to bunker suppliers to try and…more

| Commercial Law & Contracts, Maritime Law

Impact of NSW Workers Compensation Changes on the Maritime Sector

Changes to the NSW workers compensation insurance scheme have just been passed which substantially restrict the range and reduce the level of compensation available to injured workers in NSW. The changes are not only relevant…more

| Labor & Employment Law, Maritime Law, Transportation, Personal Injury,...

Shipping and the New Personal Property Securities Regime

The Personal Properties Securities Act 2009 (Cth) (“PPSA”) establishes a new system for the registration and preservation of security interests in any personal property (other than…more

| Commercial Law & Contracts, Maritime Law, Transportation

Stimulus Package for Australian Shipping

In September 2011, the Federal Government announced a new and far-reaching policy package aimed at re-invigorating the Australian shipping industry. The policy, which might be described as the ‘stimulus package for…more

| International Law & Trade, Maritime Law, Transportation

Container Detention Charges Held Not To Be Penalties

In a decision handed down on 18 April 2011, the Consumer, Trader and Tenancy Tribunal (“CTTT”) of NSW has held that container detention charges are not penalties and are enforceable at law. This article will be of…more

| Civil Remedies, Commercial Law & Contracts, Maritime Law, Transportation

Liability of Owners and Operators for Injury to Persons Onboard

How far does the obligation of a duty of care regarding safety onboard a ship go? In this decision of the NSW Court of Appeal it was held that the owner and operator of a ship can be jointly liable for breach of duty of care to…more

| Civil Remedies, Insurance, Maritime Law, Personal Injury

Oil Pollution Responder Immunity

-Oil Pollution Responder Immunity Now Part of Australian Law- Please find attached a link to our recent update on the introduction of statutory immunity from civil suit to those responding to prevent or minimise oil pollution…more

| Environmental Law, Maritime Law, Transportation

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