The Specialised Law of Yachting Recently I attended a seminar in London on ‘Yacht and Yachting Law’ that was run by Filippo Lorenzon Director of the Institute of Maritime Law for the University of Southampton. The seminar heralded the launch of the first edition with the same name, a beautifully bound text, that covers ‘the whole nine yards’ and while…
Thank you for the kind introduction it’s a pleasure to be here today. One of the hardest things in business is to step back and take a critical look at whether there are adequate systems in place to protect your hard work. Your business may have a good turn over and appear profitable, but as time passes new laws are…
In 2006, The International Maritime Organization (IMO) embarked on its 4th major journey into shaping international maritime law, via the introduction of the Maritime Labor Convention (MLC). Alongside its sister-agency, The International Labor Organization, the IMO brought about the MLC to internationally recognize seafarers basic rights whilst at work. This new convention, already ratified in over 50 countries has a…
Boat Brokers have a special relationship to buyers and sellers coupled with onerous ‘fiduciary duties’ that can be breached in various ways leading to financial headaches, however these costly mistakes may be avoided. There are three main relationships a broker can have to a buyer or seller: The first being where the broker is an agent for the buyer or…
Prior to the explosion of social media, it could be argued that marine business was seldom exposed to a legal claim for defamation. But with the ease and access that every person has to this incredibly broad form of communication policing what is said has become and extremely difficult leaving business even more exposed. In essence the tension from a…
Significant changes to the Work Health and Safety Act have changed the seascape for all of us in the marine business. With many organisations running courses on these changes, the changes are complex enough to have resulted in making a visit to your lawyer one of the things you have put on your to-do-list for 2012. Hopefully, this article while…
A romantic notion often underpins the decision making process when purchasing a boat and there is no better way to tap into this sentiment than a boat show. In today’s challenging market filled with legal pitfalls this romantic notion needs to be coupled with maximising value and minimising risk. The processes described in this article are both practical and legal…
My law firm has been contacted over the years by a numerous businesses having trouble getting payment for work completed. In many cases they have attempted using debt collectors with less than favourable outcomes and by the time my firm has been contacted events generally are moving so fast that in essence the ability to secure the debt becomes harder.…
The Australian Consumer Laws (ACL) has indeed changed the marine business seascape with amongst many changes; contractual terms and consumer guarantees being discussed below with a view to helping your business navigate its way with some practical tips. Part 1 What sort of contract should my business use? Apart from purchasing a home purchasing a boat is the second largest…
A New Year heralds in a challenging year for business with growing economic uncertainty and troubled markets and while surviving these uncertainties is an important part of running a business; this job can be made easier by considering the known variables within the business. An employer’s legal obligation in respect to employment is one such known variable that business owners…