Maritime

About Maritime

Marinas, wharfs, slipways and hardstands

  • port and marina developments and restructures including survey issues, meeting government and port authority requirements, compliance with relevant Australian standards, applications for consent, dredging levies;
  • ‘subdivision’ and registration of separate dry or wet lots such as marina berth subleases, easements and other land use agreements with the state government, utility providers and local authorities;
  • risk advice;
  • standard documentation such as marina berth subleases, rental pools;
  • development and implementation of consistent practices dealing with the use and occupation of various facilities by third parties including common areas, hauling, slipping and storage of vessels and hardstand facilities;
  • licensing and/or sublease arrangements for port or marina associated facilities such as jetty/pontoon/fuelling facilities (eg tourist operators), rental agreements and/or permits to occupy for short terms (eg for visiting vessels);
  • enforcement rights including termination of marina leases and marina berth lists;
  • port and marina management agreements;
  • transfer of freehold or leasehold (on and off title) interests within a port or marina complex;
  • port and marina rules, regulations, mooring and hardstand terms and conditions;
  • work health and safety and employment law advice; and
  • advice on port and marina insurance coverage.

Boat builders, manufacturers and other marine businesses

  • vessel construction and repair contracts and disputes;
  • shipping registration;
  • contracts including negotiations, manufacturing, supply and distribution agreements;
  • creation and registration of security interests under the Personal Property Securities Act;
  • preparing trading terms; debt recovery and enforcement; and
  • warranty claims and insurance issues.

Commercial vessel operators

  • complying with Australian Maritime Safety Authority (AMSA) regulations and requirements with respect to the operation and construction of commercial vessels;
  • advice regarding Australian ship registration, survey and other regulatory issues;
  • work health and safety and other liability issues;
  • employment law issues;
  • commercial agreements and contracts; and
  • vessel construction contracts, construction and repair disputes.

Private vessels

  • sale and purchase of vessel contracts, charter agreements, fractional ownership and similar contractual arrangements;
  • marine incidents (eg collisions with navigation markers and other vessels);
  • loss and damage claims and insurance related issues;
  • private marina berth rental agreements;
  • sale and disposal of abandoned vessels; and
  • protection of interests in vessels (including under construction) by security interests under the Personal Property Securities Act.

Maritime law

  • admiralty law including arrests (including appearing in the High Court of Australia) and general ownership matters;
  • shipping registration and AMSA requirements;
  • marine incidents (eg collisions with navigation markers and other vessels);
  • sale/disposal of abandoned vessels; and
  • protection of interests in vessels (including under construction) by security interests under the Personal Property Securities Act.

Clubs

  • employment law and work health and safety advice and representation;
  • liquor licensing and gaming regulation;
  • disciplinary and membership issues;
  • constitutions and corporate governance;
  • contract negotiation and terms;
  • tenancy and leasing issues;
  • permits and regulatory compliance for marine events;
  • submissions to government and other regulatory authorities including eg with regard to designated mooring areas; and
  • mooring management agreements.
Maritime Matters

Maritime Articles

Our Experts

Ian Heathwood

Partner, Brisbane

Robert King

Partner, Brisbane

Viknesh Pillay

Senior Associate, Melbourne