Publications

Oil Pollution in Australia – Charterers Now Strictly Liable; Penalties Increased - February 2012

New Commonwealth laws have come into effect which extend strict liability for oil pollution to Charterers and increase penalties fortyfold. pdfREAD MORE

 

The Shipping Industry and the New Personal Property Securities Regime - December 2011

The Personal Properties Securities Act 2009 (Cth) (“PPSA”) establishes a new system for the registration and preservation of security interests in any personal property (other than land). pdfREAD MORE

  

When will the PPSA come into effect? The Government opts for flexibility - October 2011

On 22 August 2011 we reported that the Personal Property Securities Act 2011 (Cth) (PPSA) was due to come into effect on 31 October 2011.  Our paper provided an overview of the way in which the PPSA would impact on most Australian businesses. pdfREAD MORE

 

Stimulus Package for Australian Shipping - October 2011

In September 2011, the Federal Government announced a new and far-reaching policy package aimed at re-invigorating the Australian shipping industry. The policy, which might be described as the ‘stimulus package for Australian shipping’, seeks to introduce three key changes: pdf READ MORE

 

Introducing a New Personal Property Securities Regime - August 2011

The introduction of the Personal Property Securities Act 2009 (Cth) (PPSA) will significantly alter the way in which security interests over personal property are created and dealt with in Australia.pdf READ MORE

 

Bill to Require Community and Environmental and Consultation by Air Services - August 2011

Proposed new Federal legislation has the potential to impede the efficient and safe administration of Australian airspace. The Air Services (Aircraft Noise) Amendment Bill 2011 was introduced by Judi Moylan MP into Federal Parliament on 4 July 2011. pdfREAD MORE

 

Prosecution of Air Operator under State work safety legislation held to be invalid - May 2011

New South Wales is known to have one of the most onerous workplace safety legal regimes in the world. Employers have strict obligations to workers with substantial penalties if there is a breach. Prosecutions of employers are incredibly difficult to defend.pdf READ MORE

 

Container Detention Charges Held Not To Be Penalties - May 2011

In a decision handed down on 18 April 2011, the Consumer, Trader and Tenancy Tribunal (“CTTT”) of NSW has held that container detention charges are not penalties and are enforceable at law. pdf READ MORE

 

Definition of ‘Closed Charter’ Operations – AAT Decision - March 2011

An entirely new approach to determining the difference between a “closed charter” and regular public transport operations (RPT) has emerged from the recent decision of the Administrative Appeals Tribunal (Tribunal) in Caper Pty Ltd t/a Direct Air Charter and Civil Aviation Safety Authority [2011] AATA 181 where the Tribunal directed attention to the purpose of the flight rather than the availability of carriage to the public at large as the crucial factor. pdf READ MORE

 

Liability of Owners and Operators for Injury to Persons Onboard – Are Owners and Operators Liable for Obvious Risks? - January 2011

CSL Australia Pty Ltd v Formosa [2009] NSWCA 363                                                                                                                                                                             How far does the obligation of a duty of care regarding safety onboard a ship go? pdf READ MORE

 

Oil Pollution Responder Immunity Now Part of Australian Law - December 2010

Australia is party to and has enacted the International Convention for the Prevention of Pollution from Ships (“MARPOL”) and the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (“Bunker Convention”), each of which impose strict liability on the owner of a ship for pollution damage occurring from the discharge of oil carried as cargo or bunkers. pdf READ MORE

  

Call for Industry Submissions on the Cape Town Convention and Aircraft Protocol - December 2010

The Australian Government is calling for submissions on whether or not to accede to the 2001 Convention on International Interests in Mobile Equipment and the associated Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment (the “Cape Town Convention”).  Consultation with stakeholders was undertaken by the government in 2008 with respect to the advantages and disadvantages of ratifying the Cape Town Convention, demonstrating industry support for entry into the Convention. pdf READ MORE