Centuries of trade have defined many different trade routes throughout Asia based on favourable currents and winds that made trade commercially viable. While wind and currents are no longer essential to use these routes, they remain historically and legally essential for the transit of vessels from; commercial shipping through to fishing and the smaller cruising craft and the modern day…
Maritime Insurance The origin of insurance itself is water-bound. Maritime insurance is considered one of the earliest well-developed forms of insurance, with its origins in the Greek and Roman maritime loans of the 18th Century. Today, In Australia, marine insurance policy contracts are governed by the Marine Insurance Act 1909 (MIA). Marine ‘adventures’ and ‘perils’ Under MIA, contracts of marine…
Scientists and the petroleum industry no longer are the sole explorers of the Arctic. With the melting polar ice caps new routes are opening up to places only a privileged few could have had passage to in the past. Icebreakers were almost a necessity for the few scientific and cargo vessels that dared to gaze upon the ivory hills. Therefore,…
A well-drafted contract will assist the sales process and help to secure your boat sale. You may ask how is this possible? Usually the words ‘Boat Sales Contract’ are often considered as making the sale process more complicated. The starting point with securing a boat sale is to ensure that your contract meets the brokerages practical and legal requirements while…
By Marcel Vaarzon-Morel Aims of AMSA Under AMSA (Australian Maritime Safety Association) new National Standards have several aims, including simplifying maritime safety laws, removing barriers to inter-state commercial business activities; providing uniform safety requirements and standards; and providing a national framework for enforcement and compliance with these standards. Under the National Standards, AMSA becomes the national regulator, and has its…
Are you an owner; designer; operator or crew-member of an existing or future commercial vessel? Since July 1 2013, the Australian Federal Government’s National System for Commercial Vessel Safety has come into force. These national safety standards coincided with the passing of legislation, the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 and directly impact on Australia’s boating and…
When I was an apprentice shipwright, one of the old-hats around the slipway was always spouting gems of wisdom with one such gem being, that the only people who make any money out of boats are brokers. However, this is not entirely true as I found changing careers and starting a legal practice that specialises in all things marine I’ve…
Recent criminal charges brought against the Captain of a ship travelling through the Great Barrier reef raise the question of pilotage of Superyachts through this most precious and spectacular of Marine Parks. Two days after the 2015 New Years Eve, Vaarzon-Morel Lawyers represented an unlucky Chinese captain who found himself miles from home languishing in the lock-up under Newcastle Court…
The smart exporter needs to plan, but often the importer is dangling orders enticing the exporter before they’ve had time consider thoroughly their legal position. With the potential loss of a future contract and income the importer’s siren song can be very enticing especially in a competitive market. However, not having a well-considered plan could be tantamount to commercial suicide.…
At the end of 2014 Christmas for most of us was a busy time of year, running out of time to complete the last minute end of year jobs, being rushed to purchase gifts and those festive foods is all pretty normal. But for my client the pressure was really on to have his beautiful Superyacht successfully launched and sailing…