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Maritime Law & Practice for Non-Lawyers
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Maritime Law & Practice for Non-Lawyers

2-Day Training Course. A comprehensive introduction to maritime & shipping law for non-lawyers, fundamental considerations in managing, conducting & regulating the shipping industry, the law of the sea, international trade by sea & the consequences of breakdown & dispute in these areas.

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overview

Key Learning Objectives

  • Review of the international shipping and trade industry, the law of the sea and maritime boundaries
  • Examine and interpret current legal requirements and obligations
  • Review international conventions, statutory/common law obligations and regulatory processes
  • Examine private law areas of admiralty and arrest, carriage of goods by sea and ship charters, marine pollution and oil spills, collisions, groundings, wreck and pilotage law
  • Limitations of liability by shipowners and how to manage and resolve disputes
  • Systematically review your business and regulatory activities
  • Develop processes to ensure your activities are conducted with legal competence
  • Implement changes consistent with law that improve business clarity and structure
  • Ensure activities achieve maximum risk management against the regulatory structure
  • Consider effective methods of dispute resolution

About the Course

This course provides participants with a fundamental grounding in key areas of maritime and shipping law which is important for working in the shipping, trade, ports, marine environment, regulatory and governmental policy areas of today.

The course begins with an introduction to the international shipping and trade backgrounds and then moves on to the public law areas such as law of the sea and maritime boundaries.

The course then continues by examining the private law areas of admiralty and arrest, carriage of goods by sea and ship charters, marine pollution and oil spills, collisions, groundings, wreck and how pilotage law works. It concludes with some aspects of limitation of liability by shipowners and how to manage and resolve disputes.

The material will include selected representative documents on topics and the course will be supplemented with various practical problems for course members to address.

Who Will Benefit

Those involved in management in industry or government with maritime activities of any sort; including shipping operations and management, ports, carriage by sea, government regulators, government policy makers and lawyers seeking an introduction to maritime and shipping law.

Terms & Conditions

To read the training course terms and conditions read more here

Course Outline

Introduction

  • History of the rule of maritime law
  • Shipping industry and trade
  • International shipping organisations
  • Common law and civil law overview

Law of the Sea

  • Historic claims over the sea
  • The 1958 conventions
  • United Nations Convention on the Law of the Sea 1982
  • Territorial sea and contiguous zone
  • Exclusive Economic Zone
  • Outer Continental Shelf
  • High seas
  • Archipelagic states
  • Why the ‘zone’ dictates what laws are applied

Australia’s maritime boundaries

  • Why maritime boundaries influence law and practice
  • Australia’s boundary with Indonesia
  • Offshore oil and gas industries
  • Australian-East Timorese Timor Sea petroleum agreement
  • Australia’s Pacific boundaries
  • Australia’s southern boundaries
  • Influence of offshore Territories

Admiralty shipping procedure

  • Historic development of admiralty laws
  • Modern law on arrest of ships for claims for debt or damage
  • Release from arrest
  • Lodging bond in court or sale of ship
  • Priority for distribution of funds available
  • Limitation of liability; lodging the amount in court

Carriage of goods by sea

  • Basic structures and principles dictating cost and risk
  • Main elements of charter parties for whole ships
  • Demise, time and voyage charters
  • Bills of lading for cargo
  • Sea way bills
  • Hague, Visby, Hamburg and Rotterdam models
  • Liability for loss, damage or delay

Marine insurance

  • Principles of marine insurance
  • Premiums vs risk and exclusions
  • Claims and rejection of claims
  • General average
  • Hull and machinery insurance
  • P&I insurance

Marine pollution

  • Current statistics for pollution from ships
  • Characteristics of an oil spill
  • International conventions on marine pollution
  • Australian laws
  • Australia’s National Plan for coping with spills
  • Pollution prosecutions – how to conduct/cope with them
  • Case study: Pacific Adventurer Oil Spill 2099; Swire Navigation v Qld

Other shipping laws

  • Collisions – the law
  • Liability – who pays and when
  • Wreck – laws and practice
  • Pilotage – laws and practice – reef and port pilots

Limitation of liability by ship owners

  • Historic development
  • International convention
  • Australian laws
  • How it applies in practice to the shipping industry

Maritime dispute resolution

  • Mediation
  • Arbitration
  • Litigation
  • Constructing your contract

Structure of Commonwealth & State offshore laws

  • Development of Australian laws offshore
  • Offshore Constitutional Settlement 1979
  • Complexities of offshore laws increases costs
  • Possible Industry responses to avoid being caught up
  • Possible government responses to avoid being caught up

Case study & role playing:

  • Quenos v Ship APL Sydney; and Strongwise v Esso (APL Sydney)
  • Role playing: Likely issues and solutions

On-site & in-house training

Deliver this course how you want, where you want, when you want – and save up to 40%! 8+ employees seeking training on the same topic?

Talk to us about an on-site/in-house & customised solution.

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