Awakening the Sleeper Clause If your purchasing a boat or considering a new build is there a need for a contract to protect your interests, considering often it sits in the bottom draw not to see the light of day. VMS’s principal lawyer considers this question in light of dispute resolution and war in the Ukraine. Different Types of Clause…
The main key point that binds all these events is the question of certainty, which seems to be under attack. One approach to build certainty is to break down as much as possible all the individual factors that go into buying or building a boat so you can get a better understanding of what can or cannot be controlled or what are the known and unknown/variable factors to be considered in view of these national and international events.
By Marcel Vaarzon-Morel and Troy Martin Lately our firm has been seeing an increase in the number of clients seeking legal advice on importing their vessels into Australia temporarily. The advice generally sought covers what to expect when importing a vessel into Australian waters in respect to customs, taxes, visas, importations and registration you may find yourself liable for. The…
It is not easy being an international seafarer, nevertheless Australian authorities seem to want to make it even more difficult when it comes to recognising their credentials. The latest changes made by AMSA (Australian Maritime Safety Authority) appear in stark contrast when compared to the British MCA (Maritime & Coastguard Agency) regulations. Changing Vessel Codes Although, both agencies historically had…
On 26 May 2019 the superyacht ‘My Song’ fell from the deck of the cargo ship Brattinsborg into the Mediterranean Sea, while on transit from the Caribbean to the Balearics, thus becoming the type of statistic any owner wants to avoid. According to media sources the transport company Peters and May, on learning of the incident, immediately employed salvage procedures…
By Marcel Vaarzon-Morel & Troy Martin International Boat Shows provide a one-stop-shop for the boating enthusiasts and an entry point for new comers with the Sydney Show being the biggest in the southern hemisphere. Boat lovers will no doubt be salivating at the possibility of an up-grade, with new comers considering their dream purchase that may become a reality either…
China Yacht Build Considerations Over time the options to build superyachts in Australia have become limited, with many factors favouring an international build. Where European countries such as Italy or the Netherlands have been preferred in the past; Asian nations are showing their prowess in producing high quality vessels. Given Asia’s geographical positioning to Australia it also makes sense to…
It is not easy being an International Seaman, nevertheless Australian Authorities seem to want to make it even harder. The latest changes made by AMSA (Australian Maritime Safety Authority) seem to create quite an egregious contrast when compared to the British MCA (Maritime & Coastguard Agency) regulations. Although both agencies had prior regulations of their own when it came to…
Large yachts, also known as ‘superyachts’ or ‘white boats’ may be acquired solely for recreational use, for commercial use or a combination of the two. If you are thinking of chartering a superyacht in Australia, there are some things you may need to consider before you begin your journey. The LY3 Code Vessels in Australia may be subject to regulation…
Sharing your yacht with friends, family or trusted business partners can prove to be a cost effective way of ‘having your cake and eating it to’. It’s fair to say that generally your purchase will be emotional and involve a dream. However, every purchase has a cost point where your wishes and reality intersect and this should be considered. Depending…