Exporting smartly

Posted on Categories Maritime & SuperyachtTags

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…

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Reviewing the marine industry future

Posted on Categories Maritime & SuperyachtTags

Four years ago the article ‘A Grey Cloud Over the Industry’ critically analysed the effect of Grey Imports on the legal and economic seascape of the Industry. This article will revisit those issues in the context of today’s seascape. Indeed the global financial crisis is still referred to as a major game changer across all economic spheres with the Australian…

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Accreditation

Posted on Categories Maritime & SuperyachtTags

When making comparisons with countries such as Germany, in relation to their education system and how this interrelates with industry may seem unfair given the differences in economic development. However, if Australia is to compete on the world stage it can not be seen to be second best and such comparisons are useful. One such comparison is where before…

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Are you and your business protected?

Posted on Categories Maritime & SuperyachtTags

There are many similarities between a seamen respecting the sea, not taking unnecessary risks and how you expose your self to risk in business, if not thoughtfully considered the captain may risk going down with the ship. Businesses in the Marine Industry, while governed by the same rules and regulations as other general businesses, operate in their own peculiar commercial…

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Life Jackets

Posted on Categories Maritime & SuperyachtTags

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 the correct size for…

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Yacht and Yachting Law

Posted on Categories Maritime & SuperyachtTags

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’…

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MLC: Implementing the Fourth Pillar

Posted on Categories Maritime & SuperyachtTags

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…

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The Broker’s Responsibilities

Posted on Categories Maritime & SuperyachtTags

Boat Brokers have a special relationship to buyers and sellers coupled with onerous ‘fiduciary duties’ that can be breached in various ways leading to financial headaches, however these costly mistakes may be avoided. There are three main relationships a broker can have to a buyer or seller: The first being where the broker is an agent for the buyer or seller;…

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