Nathan Cecil – Norton White

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

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

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

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

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

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

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

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

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

New Commonwealth laws have come into effect which extend strict liability for oil pollution to Charterers and increase penalties fortyfold…more

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

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

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

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

-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