Welcome to the inaugural edition of TML Times, where we seek to bring you an update on recent developments affecting the shipping industry in Australia.   BIOSECURITY IMPORTS LEVY A hotly debated topic in the shipping industry in Australia is the impending biosecurity levy on imports. This biosecurity levy was announced by the Australian Government... Read more »

TM Law’s Janine Liang looks at a recent case which highlights the importance of making sure you know your responsibilities under the new regime.   Le v Brown; Nguen v Brown; Monica v Brown; Huggett v Brown (No. 2) [2019] NSWSC 88 In the morning of 28 June 2012, at the intersection of the Cumberland... Read more »

TM Law’s Alexis Cahalan reviews a recent High Court decision dealing with responsibility to pay Customs Duty A recent Australian High Court decision in Comptroller of Customs v Zappia [2018] HCA 54 has identified in what circumstances an employee will be held to be in possession and control of dutiable goods and, therefore, liable for... Read more »

TM Law Australia has been recognised in all three admiralty, shipping and maritime categories in Doyle’s Guide 2019. The Doyle’s Guide is considered the leading comprehensive guide to Australia’s best lawyers and law firms.  Each year, Doyle’s surveys clients, peers and industry bodies to rate lawyers and law firms.  Lawyers and law firms who consistently... Read more »

TM Law’s Nico Saunders reviews the Supreme Court decision and its practical implication for owners Volcafe v CSAV [2018] UKSC 61 Introduction This modest-value cargo claim, which went all the way to the Supreme Court, has clarified some important questions on the burden of proof in claims under Article III.2 of the Hague/Hague-Visby Rules. In... Read more »

The Full Court of the Australian Federal Court recently considered the legal effect of the use of the term ‘casual worker’ in the case of WorkPac Pty Ltd v Skene [2018] FCAFC 131 and found that an employee described as a ‘casual’ in an employment contract was, nevertheless, a permanent employee at common law. The... 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 »

Australian ports have welcomed an increasing number of passenger vessels over recent years.  According to Susan Bonner, the Vice President of RCL Lines, when the ‘Celebrity Eclipse” and the “Celebrity Solstice” homeport in Australia in 2020, the two ships will inject an estimated A$58m to the Australian economy.  The boom in the Australian cruise economy... Read more »

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 »