We have the expertise to review or draft all types of charterparties, from demise (bareboat) charterparties to one day crewed yacht charterparties.

Although the use of standard contracts may appear a cheaper alternative, they can leave your interests exposed and prove costly in the long run.  We can assist by providing you with well drafted contracts, tailored to your individual requirements, or redraft and amend standard contracts, always ensuring your interests are protected.

It is important to ensure the Agreement is well drafted and as accurate as possible, describing what information can and cannot be disclosed and how long the Agreement should last for, to ensure the necessary information is protected.

A well drafted contract should not only protect the interests of the parties, they should also form a helpful roadmap to which parties can refer for guidance, not following a misunderstanding.  For instance, although most builds proceed relatively smoothly, given the complexity of projects and the importance of the correct construction sequencing, delays are always possible.  It is therefore best to accept this and agree in advance which causes of delay are permissible, how much delay is acceptable and how much money will be deducted from instalments when delays occur and include these factors into the build contract.

We can assist from the outset in drafting or amending an existing contract and additionally provide advice with respect to contract interpretation or any potential issues that may arise throughout the build, including defaults, delays or bankruptcy.

Seafarer employment is highly regulated, particularly following the implementation of the Maritime Labour Convention 2006 and the current Australian Fair Work Act 2010.  We can assist with the preparation or negotiation of Seafarer Employment Agreements and provide guidance and support throughout the employment period.  We have an in-depth knowledge of the legislation that applies and appreciate the unique circumstances of employment on board yachts.

Escrow arrangements are an effective risk management tool to ensure that transacting parties fulfil their contractual obligations, while preventing potential disputes from arising.

As an independent third party, we are well placed to hold and maintain escrow funds for the benefit and security of all parties to a transaction.  We can provide the Letter of Escrow and the escrow account as part of our services.

Selecting the right flag is important.  Registration affects not only vessel operation, finance, insurance and crew employment, but also attitude of port inspectors.  We can guide you accordingly.

A well drafted contract will assist the sale process and should clearly define the party’s obligations.  Often parties will utilise standard form contracts, in the belief the contract will protect their interests.  However, we generally find most transactions differ uniquely and in order to protect your interests, an agreement should be drafted or amended, bearing the circumstances of each transaction in mind.

Complications can and do occur.

We can assist you with the transaction from the beginning with price negotiations, vessel financing, marine insurance, to chartering a yacht once the transaction is complete.

We conduct transactions both nationally in Australia and Internationally.

The Great Barrier Reef is subject to a complicated raft of regulations that deal with all aspects of usage and safety.  The Great Barrier Reef Marine Park Act 1995 is the primary legislation which relates to the reef, although Commonwealth and Queensland government legislation also applies.

Among the regulations, owners and captains will need to consider the legislation that applies to their vessel.  For instance, compulsory pilotage rules apply to all vessels of 70 metres or more in length, irrespective of their use.  We can assist you in navigating the legislation and understanding the rules and requirements.

It is essential you are aware of your tax and customs obligations from the outset, when simply purchasing or importing a vessel to Australia.  The Australian taxation laws can be particularly complex and working out your obligations can be confusing and subsequently, may cost you money.  For instance, your nationality, the owner’s nationality and location of the yacht to be purchased may affect whether any customs, duties or taxes are payable.

Dependent upon your circumstances, a shoreside manager may be a luxury or a necessity, however clear responsibilities are a must.

We can help prepare management contracts, which form the foundation of resilient relationships.

As a yacht owner, despite the best intentions, accidents and incidents inevitably occur.  Whether the incident involves breaking from a swing mooring, or colliding with another yacht, with immediate notification and action, we can assist you to protect your interests and fight for a fair result.  As an individual, it can be a daunting task, taking on the insurance company of a large commercial corporate single handedly.  With our knowledge and expertise, we can assist you to mitigate your risks and obtain a satisfactory result.

Insurance law can be complex and it is best to understand the risk that the insurers are offering to bear and those they are not, from the outset.  By being aware of your duties, will assist you to avoid surprises when making a claim.

How you structure your ownership will depend on your circumstances.  Issues to bear in mind are your citizenship, where you reside, where you want to cruise and the nationality of your crew.  We have the experience to guide you when making these critical decisions.

The purpose of a contract is simply to prevent misunderstandings and to provide remedies if one party is harmed when the other fails to live up to the terms of the agreement.  We can assist from the perspective of either the yard or the project manager/owners representative, ensuring the parties interests are protected.

The maritime industry both nationally and internationally, is subject to voluminous and highly complex laws and regulations.  For owners, captains, crew and other maritime professionals, it can be a time consuming and frustrating process, trying to determine which rules apply and in what circumstances.  For instance, issues such as the type and size of the vessel, its purpose and country of registration, are just some the factors that will require consideration.

Whether the issue is one of chartering a super yacht in Australia, determining permitted cruising areas within the Great Barrier Reef, or understanding the requirements for pilotage, Ocean Blue Legal has the experience and knowledge to guide you through the regulatory minefield.

Standard contracts can leave parties exposed to risks that have not been considered for each unique transaction.  A well drafted contract should address issues such as performance, subcontracting, delay, liability, warranty and insurance.  We can assist in drafting a customised contract to your requirements, or amend or negotiate and existing agreement.

Its tempting to rely on standard terms, but standard terms, are simply that.  Standard.  Whether you are a seller or a purchaser, standard terms do not necessarily protect your unique interests and subsequently, such contracts may leave you exposed.

We can assist you to know when to negotiate and redraft – and how – while keeping the deal on course.

Purchasing or selling a yacht can be a daunting process due to the complexities of each transaction.

We can assist you by:

• Drafting and negotiating the terms of sale and purchase;
• Draft Confidentiality Agreements;
• Advise on jurisdictional issues;
• Advise on Insurance;
• Conduct searches on the Personal Properties Securities Register;
• Registering your yacht as an Australian Ship under the Shipping Registration Act 1981
• Registering your yacht pursuant to state legislation
• Registering your yacht with a foreign registry

In the event of a dispute, which may relate to the yacht condition, failure to pay the deposit, delay or an outright refusal to take delivery, we can assist.  Our advice does not just focus on the legal elements.  We can also give you the practical guidance that you need.