Its early morning at the bustling Port Hueneme in California and a crane operator is carefully unloading a 72-foot, 42-ton Sunseeker Predator yacht from the weather deck of a European cargo ship. Clearing a stack of shipping containers the luxury yacht hangs suspended in the air, some 30-metres off the ground. Suddenly and inexplicably the crane gives way and the…
Roll-up, roll-up, the boating show season is once again upon us. Over the next few months, thousands of boating enthusiasts will descend on marinas and exhibition centres across the country, all eager to see (and in some instances, buy) the latest and greatest of what our industry has to offer. For suppliers, retailers and BIA members, these shows offer the…
One New Year’s Eve, having just finished my shipwright apprenticeship, I sat down with a flute of Champagne and drawing pad, sketching an artist’s impression of what I considered to be the latest in sailing craft design. Like many yachting aficionados at this time of year, I had spent the week religiously watching yet another nail-biting Sydney to Hobart yacht…
It has been a difficult few years for many Australian retailers in the maritime industry. The global financial crisis slowed sales across the board, and the surge in the Australian dollar and greater consumer confidence in online shopping has meant increased competition from cheaper overseas markets. These ‘grey marine products’ offer an affordable alternative to consumers, and many within the…
Insurance is often considered a necessary evil, an expense paid with little return in fair weather. But can the boat owner afford not to have the appropriate insurance especially in the face of escalating natural disasters. A few mariners in Queensland may be thanking their lucky stars as the state’s largest marine insurer responds quickly by treating all claims as…
The first time I held a rocket-launcher was in the summer of 1982. I was an eager 23 year old working as a shipwright on Sydney Harbour at Rushcutters Bay. I had just completed a six-month major refit on an elegant 80-foot aluminium ketch and it now sat moored in port, anxiously awaiting its voyage to the Mediterranean. The ketch…
Due to such an excellent response to the September publication of ‘Unfair contract terms’ this article will look specifically at unfair contract terms where the contract does not fall under the spotlight of the newTrade Practices Amendment (Australian Consumer Law) Act (No 1) 2010 (Cth), herein known as the ‘ACL’, that is where the contract isnot considered a ‘Standard Form Contract’. ACL Refresher…
The marine industry for many years has and remains one of the most unregulated areas of commerce and industry. The question to be asked is ‘can the marine industry afford to remain unregulated?’ in face of mounting pressure from; international markets, government, local market forces and recent courts decisions. And while there are many within the industry (and boating public)…
With the enactment of the new Trade Practices Amendment (Australian Consumer Law) Act (No 1) 2010 (Cth), which will be referred from here on in as the ‘ACL’, I can already hear the reader sighing and muttering “not more legal hoops to jump through”! However, it can be argued that this legislation has not burdened business further, as the principles underpinning…
One thing as certain as death and taxes, is change to law, and while not all legal changes are palatable, they occur as a result of different catalysts. In the United States of America the most recent catalyst for change (pending an appeal) is the Texas case where Brunswick, the builder of Sea Ray and Mercury Marine was ordered to…