We are experienced in assisting and advising on the international sale of goods and commodities shipments. We act for commodities traders, ship owners and charterers, brokers and financiers in relation to hard and soft commodities. In addition, we advise commodities consolidators and trade associations in relation to corporate, commercial and regulatory issues, including road transport chain of responsibility legislation.
We advise exporters, importers, owners and charterers in relation to:
- Contracting terms and conditions
- Import and export regulations and sanctions
- Charterparty and contract of affreightment drafting and interpretation
- Laytime and demurrage claims and disputes
- Drafting standard form contracts and templates
- Cargo and charterers liability insurance
- Carriage of goods and claims relating to damage, shortage, quality and delay
- Cross-jurisdictional dispute resolution and arbitration
- Hazardous cargos
- Agency, ship management, terminal services and stevedoring
- Port rules and protocols
- Trade finance
- Port terminal, stevedoring and materials handling contracts and disputes.
In relation to disputes, we act in Federal and Supreme Court litigation (including Admiralty claims and arrest matters) as well as domestic and international arbitration and mediation. We work closely with clients to develop the most cost-effective strategy to ensure the successful resolution of disputes.
The experience of our partners and senior lawyers includes:
- Acting for an importer of fertiliser in relation to the quarantine rejection of the cargo to be imported into Australia, negotiating re-sale contracts into South-East Asia and pursuing the corresponding quality claim in Swedish arbitration proceedings
- Successfully recovering over USD 2 million in freight for the owners of a bulk vessel in relation to a long term contract of affreightment
- Advising a leading national stevedoring company in relation to Harbour Master and Port Manager regulation and responsibilities, risk management and maritime governance
- Acting for Charterers in LMAA arbitration in claim for demurrage due to defective ship’s cranes
- Drafting standard form Charterparty for a major Australian steel manufacturer
- Drafting standard form grain Charterparty for the peak industry bodies
- Acting for a major Australian food manufacturer in relation to delay claims affecting production.