Articles in Maritime

SOME KEY CONSIDERATIONS FOR THE PRUDENT PROSPECTIVE YACHT PURCHASER

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Most of us only dream of purchasing that ultimate symbol of freedom and luxury—the ocean-going yacht. If that floating fantasy is now within your reach and desire for fulfillment, you have much to consider and decide, especially if you are new to boating. Careful consideration of your purchasing options, resources, and legal issues using appropriate professional assistance will go a Read More

Ship arrest in Australia – an update

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With the Hanjin crisis and resulting scramble for security now settling down, it is timely to review when and how a ship can be arrested in Australia. Australia is an arrest and enforcement-friendly jurisdiction and has the advantage of a dedicated Maritime court. Arresting a ship in Australia is straightforward and can generally be achieved within 24 hours. Australia is Read More

Enforcing security against Hanjin Shipping containers – the 4 questions you need to ask

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The Hanjin Shipping collapse initially impacted Shippers and Consignees, who had to navigate the waters of transhipment, security arrangements for the release of Hanjin containers, delivery of goods and return of containers to depots prepared to accept them. Now there is the problem for container terminals and depots in possession of Hanjin containers of what to do with those containers. Read More

What is a ‘proprietary maritime claim’? Wilmington Trust Company (Trustee) v The Ship “Houston” [2016] FCA 1349

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This case arose from a dispute between the Owners and Charterer of the “Houston” as to whether the vessel could be properly arrested under the Admiralty Act 1988(Cth)(the Act).   The question to be decided was whether the Owners had a ‘proprietary maritime claim’ within the meaning of section 9(2) of the Act. Background of the dispute In 2010, TBONE chartered Read More