TM Law's Janine Liang reviews two recent Australian cases holding important lessons for shipowners and underwriters.   Mount Isa Mines Ltd v The Ship “Thor Commander” [2018] FCA 1326 On 11 January 2015, the vessel Thor Commander (Vessel) was en route from Chile to Townsville, Australia, carrying a cargo of altonorte cooper anodes owned by... Read more »

Piece by Piece - Some legal issues in air freight screening The Australian Government has announced that it will extend security measures for cargo screening beyond cargo bound for the US. In the Federal Budget delivered on 8 May 2018, the Government announced that all export air cargo would be subject to piece-level screening by... Read more »

TM Law’s Alistair Sullivan looks at approaching changes to Australia’s much-debated cabotage regime.  Introduction The high cost of Australian coastal shipping has long been the subject of debate in the shipping industry with reform to the cabotage regime being implemented in 2012 in the Coastal Trading (Revitalising Australian Shipping) Act 2012 (the CTA). The laws... Read more »

TM Law’s Alistair Sullivan looks at the potential effects on transport and logistics operators Introduction The Australian Consumer Law (the “ACL”) regime that provides certain guarantees and protections to consumers in Australia has been the subject of a Consultation Regulation Impact Statement, released on behalf of Consumer Affairs Australia and New Zealand (CAANZ). The Statement,... Read more »

Thomas Miller Law Australia was proud to sponsor the Women in Logistics Forum held in Sydney on 8 August 2018 and the keynote speaker, Ms Despina Theodosiou, the President of the Women’s International Shipping and Trading Association. Ms Theodosiou is also the CEO of Tototheo Maritime, a global supplier of satellite and radio communications equipment.... Read more »

TM Law’s Australian transport team looks at important changes to the law on heavy vehicles, and the implications for responsibility in the supply chain. Amendments to the Heavy Vehicle National Law (HVNL) which will become law on 1 October 2018 and in particular, the Chain of Responsibility (CoR) provisions will mark an important shift in... Read more »

TM Law’s Simon Church considers the recent decision of the Court of Appeal in RBRG TRADING (UK) LTD V SINOCORE INTERNATIONAL CO LTD [2018] EWCA Civ 838 regarding enforcement of a China Arbitration Award issued by CIETAC. Background The claim concerned a shipment of 14,500 MT rolled steel coils which the Appellant, RBRG, had agreed... Read more »

So-called “ipso facto” (‘by the fact itself’) insolvency clauses are contractual provisions that allow a party to unilaterally amend, suspend or terminate a contract where a contract-partner becomes insolvent or is placed into administration, receivership or liquidation.  Widely used in transport and logistics contracts including charter parties, contracts of affreightment, terminal services agreements and freight... Read more »

TM Law’s Simon Church discusses the recent decision of the Commercial Court in CLEARLAKE SHIPPING PTE LTD v PRIVOCEAN SHIPPING LTD on the scope of the exception to Owners’ liability for neglect or default of the Master in “management of the ship”. The Facts Under a Time Charterparty on the NYPE 1946 Form, and incorporating... Read more »

TM Law’s Nico Saunders examines some recent decisions, and their significance for claims handled under the ICA. Introduction The ICA is designed to facilitate settlement of cargo claims as between Owners and Charterers, to avoid arbitration and protracted discussion by providing a more or less mechanical apportionment of liability depending on the nature of the... Read more »