Commercial markets
Australian Copyright Law limps into the New Age
"WITHOUT PREJUDICE" - Are your communications protected?
Work Choices - a new playing field
The Corporate Co-Appellant in Liquidation - should it be required to provide Security for Costs?
Changes to Civil Procedure in the Supreme, District & Local Courts
Tactics and Evidence in Trials by Jury
To sign or not to sign?
Workplace Bullying and Occupational Violence
 
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Congestion Delays at Ports - Who Pays?
Damages for Late Redelivery - 'Achilleas'
Should I have Said Something?
Criminalisation of Seafarers
Slipping Through the Cracks
Commodity Briefcase - June 2007
Incorporation of Standard Trading Conditions A Timely Reminder
Damages for Late Redelivery - Subsequent Charter Hire
A New Rule of Indemnity Costs for Breach of Arbitration Agreement?
Poor Navigation and Fatigue lead to Grounding
Commodity Briefcase - February 2007
Transport Briefcase - October 2006
Recklessness: can you lose your right to liability
Laws in Conflict
Staying on Track: Renegotiating Transport Contracts
Arrest and Seizure - The Precarious Position of Bunkers Resolved
Collision Prosecution - Charges Dropped on Technicality
Legislative Consequences of the Grounding of the "Bunga Teratai Satu"
Recent changes to the Navigation Act as to duration of CVPs
Limiting Stuff
A New Forum for Admiralty and Maritime matters: The Federal Magistrates Court
Record Penalties on the Cards - The Sting in the Tail of Marine Pollution Prosecutions
Maritime Legislation Amendment Act 2006
Exercising Due Diligence: When does the vessel come into the shipowner's 'orbit, service or control'?
The Carrier, the Steel Coil and the Dehumidifier
Charterparties and Claused Bills: When can a Master reject cargo?
Exclusive Jurisdiction Clause
The Transfer of partial rights under a Bill of Lading
Increased Penalties under the Navigation Act
Transfer of the Right to Sue under a Bill of Lading
Should you think twice about arrest in Australia?
Vessel Owners - Duty of Care to 'Common Venturers'
 
Corporate recovery
Norton White Insolvency Update - November 2006
Norton White Insolvency Update - August 2006
Norton White Insolvency Update - June 2006
Norton White Insolvency Update - April 2006
Norton White Insolvency Update - February 2006
Proofs of Debt - Handle with Care
Provisional Liquidator's Entitlement to Remuneration out of Trust Accounts
 
Banking & financial services
When is Security for Costs Ordered?
Pure Asset Lending
Costs Orders in Legal Proceedings & their Priority in Liquidations
Bermuda Stock Exchange
FSR Update ASIC Revises its Policy on Wholesale Foreign Financial Service Providers
Guidance on Statements of Advice
Protection of Consumer Rights
Bank endorsed indemnity
 
Property & natural resources
The Operation of Caveats
Property Investment in Australia by a Non-National
 
 
 
 
 
The Carrier, the Steel Coil and the Dehumidifier



So what does a carrier have to do in order to ensure they have discharged their Hague and Hague-Visby Rules obligations to exercise due diligence to provide a seaworthy vessel? As in all cases, it depends on the circumstances. In the recent decision of the Federal Court in Stemcor (A/sia) Pty Ltd & Anor v C V Sheepvaarondernming Ankergracht [2005] FCA 1808, His Honour Justice Emmett considered the carrier's due diligence obligations in the context of transporting steel coils across the equator. The decision is significant because it arguably increases the burden placed on Carriers with respect to due diligence to provide a seaworthy vessel. Click here to view entire article in PDF format.

Click here to view entire article in PDF format.


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