Background Law A commonly stated and eye-opening statistic is that between 1999 and 2011 only 15 of the 221 people killed in NSW boating accidents were wearing a life jacket. Three main rules, always have and always will apply for lifejackets on vessels: ALL vessels must carry a lifejacket for each person on board (unless exempt). The lifejackets must be…
Mooring is not what it used to be. Where and how your vessel is moored is a major concern for boat owners around the world, particularly as mooring costs do not reduce and competition for space increases. A common theme amongst boat owners is that they all want the peace of mind in knowing that their vessel is easily accessible,…
By Marcel Vaarzon-Morel and Kurt Lewis Q: How does the Maritime Labour Convention (MLC) apply to the commercial boating industry, what aspects of boating does it cover and will my vessel be effected? Do you currently own, design, manage, work on or regulate an existing or future commercial vessel? At Vaarzon-Morel lawyers we have recently received inquiries regarding the MLC…
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…
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 the early hours of 3 October 2013 the luxury super yacht “Seafaris” owned by The McCloy Group caught fire and went down off the coast of Cairns. All 16 passengers and crew safely abandoned the ship, before being taken to port by a passing ship responding to the distress call. Luckily no one was hurt but the seriousness of such disasters…
PLAYING IT SAFE: The New National Marine Safety Laws Are you an owner; designer; operator or crew-member of an existing or future commercial vessel? From July 1 2013, the Australian Federal Government’s National System for Commercial Vessel Safety will apply. These new national safety standards coincide with the passing of legislation, the Marine Safety (Domestic Commercial Vessel) National Law Act…
Sex and Tax Law (either way your screwed) Not the sexiest subject and often the last thing you’d think about when considering your yacht purchase, but Tax and Duty Laws are probably the most important, especially when importing from another country. For many reasons prospective buyers look overseas to purchase yachts and while this article does not consider the rights…
I recently discussed with Ocean’s Editor-In-Chief the interest “Legal Matter “ was invoking amongst its readers who had then contacted our office for legal advice and it was agreed that these scenarios should be shared in a question and answer format. Vessel Import The first scenario that presented itself was where a large super yacht was purchased in America and…
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…