My non-contentious practice includes the drafting, review and negotiation of contracts of affreightment, charter parties and offtake agreements; advising on rights and obligations in relation to bills of lading, letters of credit and negotiable instruments used to facilitate international trade; assisting with due diligence in relation to acquisitions, joint ventures and the selection of service providers for maritime and offshore projects; and advising on regulatory issues impacting on shipping and international trade, including anti-bribery and corruption, sanctions, cabotage, chain of responsibility and marine environment.
I am also frequently instructed in complex commercial disputes and regulatory investigations concerning shipping, and international trade. I have prosecuted and defended claims in all of Australia's major commercial jurisdictions and have broad experience in arbitral proceedings seated in Australia, Hong Kong, Singapore and London, under a variety of ad hoc and institutional rules.
Career highlights
- Advised an Australian cement manufacturer on complex chartering arrangements and vessel acquisitions, to facilitate shipment of product between Australian ports and to overseas destinations
- Acted for a global commodity trader in the successful prosecution of a claim against an ocean carrier concerning misdelivery of shipments of cotton (LMAA arbitration)
- Advised a global mining corporation on the renegotiation of time and demise charter parties in relation to bulk carriers and a fleet of support vessels on charter to the corporation's Australian entities
- Advising operators of ports and terminals in most Australian States on: terms and conditions for port access and use; chartering, purchase and registration of support vessels; towage and pilotage; marine pollution; and insurance and maritime-related risk management
- Acted for an Australian fertiliser manufacturer in successful defence of a substantial claim by FOB buyers arising out of inability of nominated vessel to commence loading following late change of loading berth (HKIAC arbitration)
- Acted for owners and operators of cruise ships, fishing vessels and yachts in coronial proceedings in New South Wales, Tasmania and Northern Territory concerning fatalities at sea
- Acted for a global mining corporation in the defence of a claim for salvage reward arising out of the grounding of the 'Maria G.O.' in the Port of Gladstone (Federal Court of Australia)
- Successfully defended a global energy corporation accused of bribery arising from dealings with port authorities in Papua New Guinea and the Solomon Islands
- Acted for a global commodity trader in the successful prosecution of a claim against buyers for wrongful termination of sale contracts, arising out of an allegation that the trader had breached a sanctions clause (SIAC arbitration)
- Coordinated a multi-jurisdictional investigation of bribery and related unlawful conduct by a cruise line operator in the South Pacific, on instructions from its joint venture partner
- Advised a global medical device company in relation to risk analysis of its temperature controlled warehousing and distribution arrangements, and subsequent negotiations with 3PL contractors