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…
Read more…Publications
Unfair Contract Terms
Posted on Categories Maritime & SuperyachtWith 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…
Read more…Propelling change to boating safety – $3.8 million US awarded
Posted on Categories Maritime & SuperyachtOne 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…
Read more…Boat show exhibitor traps and pitfalls
Posted on Categories Maritime & SuperyachtBoating industry members have been exhibiting their products, services and trade displays at organised boat and trade shows for many years. Boat and trade shows provide a unique and exciting opportunity for exposure to the industry and public, networking and ultimately generating future income. Expenses incurred by the exhibitor at boat shows vary greatly depending on such things as the…
Read more…Is your business structured correctly?
Posted on Categories Maritime & SuperyachtBusinesses in the marine industry, while governed by the same rules and regulations as other general businesses, operate in their own peculiar commercial realm requiring legal needs to be tailored to fit. From the owner operated mobile shipwright through to the big dealerships buying and selling large vessels these businesses operate in an economy that is not only seasonal…
Read more…Got a light?
Posted on Categories Maritime & SuperyachtPractical changes to what are commonly known as the “col regs” will result in lives being saved. To the lay person or inexperienced boater the increase in height from 60cm to 1 metre for the masthead light may seem insignificant. However, removing my lawyer’s wig and putting on my captain’s cap for practical analysis leaves no doubt in my…
Read more…Blended fuels and litigation – a volatile mix
Posted on Categories Maritime & SuperyachtFrom 2010 both Federal and State laws will generally disallow the sale of standard petrol that is not blended with 10 per cent ethanol (capped) and all diesel will more than likely be bio-diesel. The potential effect upon the boating public and consequently the marine industry could be serious and result in many unwanted legal claims, if the boating…
Read more…Debt Recovery
Posted on Categories Maritime & SuperyachtThere is a mistaken belief when a business (the creditor) is owed money by a debtor and makes an application for the offending debtor to be declared bankrupt that bankruptcy is the panacea for getting paid. The reality is that bankruptcy is the last port of call and if the debt recovery process is incorrectly pursued there may be…
Read more…Stolen: Your intellectual property – your profits – your business
Posted on Categories Maritime & SuperyachtBeing in the marine business is difficult enough let alone the headaches, stress and potential legal costs incurred when claiming or defending your ownership of your ideas. The importance of protection through registration of your intellectual property has been made all that more important in today’s electronic world. It has become increasingly easy to access information on the web…
Read more…