Trade & Transport Bulletin – March 2011Author : Simon Black

Trade and Transport

In this edition:

  • We examine the recent Queensland Supreme Court decision in Cape York Airlines Pty Ltd v QBE Insurance (Australia) Ltd [2010] QSC 313, which suggests that insurers must be unequivocal when making an election to repair property under a policy of insurance – or face the prospect of paying the full value of that lost property down the track;
  • We provide an update on the ongoing air freight cartel litigation;
  • We discuss the New Zealand High Court’s acknowledgement of the disparity of resources and bargaining power between shipowners and seafarers in Udovenko v The Ship: MV Pelican (8/11/10 CIV 2009-442-514); and
  • We look at a number of recent legislative changes including the effect of the Protection of the Sea Legislation Amendment Act 2010 (Cth), the key features of the revised “Incoterms 2010” (which came into effect in January 2011) and the key issues which will be relevant to the mooted air carrier’s liability and insurance White Paper.

If you would like any information about the articles contained in this bulletin, or about Trade & Transport related legal matters, please contact Andrew Moore, Partner on (02) 8273 9943 or Simon Black, Senior Associate on (02) 8273 9951.

For Melbourne related matters please call Nick Lux, Partner on (03) 9604 7902.

 Click here for T&T Bulletin – March 2011