Fiona Newton, Author at Oceanic Marine Risks

Feb 12

Townsville flood damage bill total revealed

By Fiona Newton News

The catastrophic floods that have inundated roughly 82,000 homes in Townsville over the past week have so far resulted in 6,525 claims, worth $80 million, according to the Insurance Council of Australia (ICA).

The damage bill is expected to soar over the next few days as policyholders return to their waterlogged homes.

ICA clarified what the flood crisis means for householders in terms of their insurance cover and responded to warnings from Townsville Mayor Jenny Hill that north Queenslanders would not accept unfair premium increases after the floods, AAP reported.

“Right now, we’re focused on fixing properties,” Campbell Fuller, ICA communications manager, told the news agency. “Any talk of premium rises is premature.”

Campbell said all insurers have had a standard definition for flood since 2012, which includes water escaping from a dam, including an intentional release.

“There may be a small percentage of policyholders who have decided to opt-out of flood cover at time of purchase or chose to buy a policy that excludes flood,” Campbell said. “Those policyholders may need to have their claims tested to determine if their claim meets the standard flood definition.”

ICA also expressed concerns that a significant number of Townsville commercial policyholders may not have taken up flood cover.

Hill urged insurance companies to “act as responsible corporate citizens” to help speed up the recovery effort, AAP reported.

CREDIT: Insurance Business Australia

Dec 14

TROPICAL CYCLONE OWEN – PORT CLOSURE

By Fiona Newton Uncategorized

Due to the forecast of severe weather conditions associated with Tropical Cyclone Owen, the Regional Harbour Master (Mackay Region) will close the Whitsunday Pilotage Area from 0600 hours local time on Sunday 16 December 2018.

All ships are therefore strongly advised to immediately return to base or seek shelter and be secured by the closure time of 0600 hours on Sunday 16 December 2018. No vessel movement will be allowed after the closure without Regional Harbour Master’s exemption obtained through the Local Disaster Management Group.

The Whitsunday Pilotage Area will only be re-opened once the Regional Harbour Master is satisfied that it is safe for navigation.

INFORMATION PROVIDED BY:

Maritime Safety Queensland | Customer Services, Safety and Regulation Division | Department of Transport and Main Roads

(07) 4841 4500
airliebeach.maritime@msq.qld.gov.au

www.msq.qld.gov.au

www.tmr.qld.gov.au

Mar 05

Marine Industry Unites After Cyclone Debbie

By Fiona Newton Uncategorized

Monday, February 26, 2018

Whitsunday marine group has new post cyclone story to tell

Luke McCaul is determined to learn from the lessons of the past and share that knowledge with the Whitsunday marine community.

When Cyclone Debbie crossed the coast at Airlie Beach, the Abell Point Marina manager was ready to implement his internal disaster management plan.

But it soon became evident there was a hitch.

His plan was developed in isolation and an event of this magnitude needed a whole of region approach.

That is why last week Mr McCaul convened a meeting of representatives from not just the local marine industry but insurance and government sectors as well.

Gathered at the Abell Point Marina were disaster management experts, Ergon Energy personnel, marine surveyors, insurers and representatives from the region’s council, tourism, bareboat and charter boat industry organisations.

Together the group thrashed out the challenges an event like Cyclone Debbie brought.

Communication issues, death by media, increased insurance premiums, excesses and risks, and the need to remove bureaucratic hurdles in the event of a disaster were all discussed.

Three hours later a working group had formed, determined to develop a new marine plan, with the ultimate aim of safeguarding the Whitsundays’ marine assets, recognising both their economic benefit to the region and the unique nature of the marine tourism industry in this boating epicentre on the Australian east coast.

Mr McCaul said one of the points that really resonated for him was the need for the region to have a new story to tell – particularly for the insurance industry where Queensland’s disasters of the last 10 years had been etched into corporate memory.

“As a region we need to take responsibility for our actions and getting ourselves back to business and hopefully that starts to reduce our risk,” he said.

Tourism Whitsundays CEO Craig Turner said especially important for him was the development of a strong communications plan that engaged all operators.

“We know what didn’t work last time and if we don’t act on that we’re complicit in not being able to deliver in the next emergency,” he said.

Tourism Whitsundays chairman Al Grundy who is also the Vice President of the Whitsunday Charter Boat Industry Association, said while he recognised and respected the council’s local disaster management plan, “it’s clearly evident that the marine industry here is unique”.

“That’s why it’s so critical to our economic integrity that we have a dedicated marine plan that is either closely aligned with or becomes a component of the local disaster management plan,” Mr Grundy said.

Thrilled with the attendance at the meeting, Mr Grundy also said while he came to it “very concerned” about the potential implications of increased insurance costs or not being able to obtain insurance at all in a worst case future scenario, “with good planning and policy development we can reduce that risk considerably”.

“And I think the insurance delegates that were there had their eyes opened to that and the potential for us all to work together,” he said.

Maria Dwyer from Oceanic Marine Risks, who was instrumental in bringing many of those delegates to the table, said she could see this model going way beyond the Whitsundays.

“This group is determined to meet the challenge of climate change and reduce future losses to marine structures and vessels in North Queensland,” she said.

The newly formed Whitsundays Marine Risk Management Group will now focus on key areas of the policy development including communication and education strategies.

The group will meet again at the end of May.

Ends

Apr 08

New Unfair Contract Laws Explained

By Fiona Newton Insurance, Legal, News

Source: ‘Frankology’ Blog, By The Fold

The unfair contract laws* which start on 12 November 2016 will be a powerful tool for small businesses when negotiating contractual indemnities. Charmian Holmes explores why…

What is an unfair contract term?
An unfair contract term is a term which:
• causes significant unbalance to someone’s rights and obligations;
• would cause them detriment if it was relied on; and
• is not reasonably necessary to protect the legitimate interests of the party relying on it.

Until now, small business had no option but to sign an unfair contract – or miss out on the opportunity for that work.

Who’s protected?
There are 2 key criteria:
• you must be a small business (ie less than 20 employees); and
• (the upfront contract price must be <$300,000 (for contracts of 12 months or less) or <$1,000,000 (for contracts of > 12 months).

From 12 November 2016, small businesses can challenge any unfair contract term. The onus is on the big business (or government authority) to prove those terms are not unfair. If they are, the term is void and can’t be enforced against the small business.

This is a long awaited and hard won protection for small businesses which has the potential to significantly enhance their ability and willingness to provide services to big business. Let’s look at how it will apply to unbalanced indemnity clauses.

One-sided indemnity clauses
There are a number of ways in which indemnity clauses could be challenged as unfair contract terms – these include:
• Indemnities which transfer liability to the small business for losses or liability regardless of fault.
• Indemnities that require the small business to be liable for the other party’s negligence.
• Unlimited indemnities, eg where there is no financial limitation.
• Indemnities for consequential loss, or excessive liquidated damages.

What about contracting out of proportionate liability?
The proportionate liability laws enable contracting parties’ liabilities to be adjusted to the proportion to which they caused, or contributed to an event that caused a loss. Clauses which contract out of this and impede the small business’ ability to join the big business as a concurrent wrongdoer in litigation involving a third party are manifestly unfair!

This means that small businesses can challenge any indemnity clause that differs substantially from the smaller business’ liability in the absence of the contract. Especially if it would trigger a contractual liability exclusion in an insurance policy – as this would mean that the small business would

have no insurance coverage for the exposure.
Small businesses rarely have the financial resources to indemnify big business without recourse to their liability insurance. The irony in this situation is that the contract usually requires the small business to hold

those insurances for this very purpose.
Once the new laws commence, small businesses will have more ability to challenge these types of clauses as it will be illegal to include them in contracts with small businesses. This will reduce the current imbalance in negotiating power between small and large businesses and reduce exposure to uninsured losses.

What about contracts signed before 12 November 2016?
Big business can continue to use contracts with unfair terms until 12 November. If you feel like you’re being pressured to sign something now, this might be why!

If you sign a contract before 12 November 2016, it will be harder to challenge any unfair contract terms – but you should try.

If an existing contract continues after 12 November 2016, ask for changes now to redress the imbalance in the indemnity and other clauses. If that’s not possible, the new laws will only apply to the contract, when it is renewed, varied or extended after 12 November 2016.
.
*Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015

Author: Charmian Holmes

Jan 07

Vandalism Suspected as Historic Tall Ship Defender Sinks in Townsville

By Fiona Newton News

A 120-Year-Old Sailing Ship Has Sunk At Its Moorings In North Queensland.

People arriving to work in Townsville this morning were surprised to find the 35-metre tall ship Defender submerged at a wharf on Ross Creek in the city’s CBD.

The hull of the vessel was completely submerged, while its rigging remained above the water.

Maritime Safety Queensland has cordoned off the site.

Ship owner Les Dick, who is based in Tasmania, said it had been “gut wrenching” to hear the news this morning.

“We do suspect it’s been an act of vandalism or such leading to the sinking of the vessel,” Mr Dick said.

“We won’t know until we refloat the boat … but at the moment that’s what the people up there are saying.”

The Defender has been in Townsville for more than seven years after it was damaged in an engine room fire.

Mr Dick said he was going to travel to Townsville this week to inspect the damage.

“Our next attack will be to get some competent people around us and some pumps, sandbags, and at the low tide this week, when the deck’s exposed, we’ll simply pump the boat out and refloat it again,” he said.

“We hope it’s that simple … then it will be moved from that location to another.

“We’ve got a lot of support up there … so we’ll do whatever we can to save the old girl, but it’s heart wrenching that this [has] happened to a great old ship like that.”

Defender The Last Ship Of Its Kind

The Defender was built in 1895 and used as a trading vessel between the colonies.

In 1923 the Defender entered the history books with a record-breaking crossing of Bass Strait, and in World War II it was used to transport troops and supplies.

Mr Dick bought the vessel in 1982, and it was restored to take part in the bicentenary re-enactment of the sailing of the First Fleet into Sydney Harbour in 1988, as well as the Bicentenary Tall Ships Race from Hobart to Sydney.

It was a charter boat in the Whitsundays for a number of years before it arrived in Townsville and fell into disrepair.

Mr Dick said the Defender was the last of the Bass Strait ketches.

“She’s the absolute last one. When she goes that’s the end of it all and that’s the end of an era,” he said.

“[It’s] a bloody beautiful boat, a beautiful boat and it was restored with a lot of love and care and a lot of Tasmanians helped, donated to get it going in 1988.

“I think it did Tasmania proud in the bicentenary and it’s been a representative for Tasmania wherever it’s gone in Australia.”

Mr Dick said the boat’s future looked grim.

“It’s been in the stage up there where I really should’ve moved it back to Tasmania, but things have stopped me from doing that,” he said.

“I’m in a state of confusion about the whole thing and I’m very upset about it. It will take me a day or two to settle down and get my mind around all this.

“The last thing we would want is for such an historic vessel to end up going to the tip. It would be an absolute tragedy.”

ABC North QLD – Tuesday 4th January 2016 – Article available here

Jan 05

Launch of Shipping Industry’s Cyber Security Guidelines

By Fiona Newton News

BIMCO has introduced guidelines to assist the global shipping industry prevent cyber security breaches onboard ships. These guidelines are the first of this nature for the shipping industry. These guidelines focus on detailing the cyber risks that may occur along with measures to prevent such risks. The guidelines also assist in how to deal with these risks should they unfortunately occur.

Download the Cyber Security Guidelines

*PRESS RELEASE*

4th January 2016

Cyber security guidelines for ships launched today.

BIMCO, together with other leading shipping organisations, has today launched a set of guidelines to help the global shipping industry prevent major safety, environmental and commercial issues that could result from a cyber incident onboard a ship.

The cyber guidelines launched today are a first for the shipping industry, developed by international shipping associations, comprising BIMCO, CLIA, ICS, INTERCARGO and INTERTANKO – and with support from a wide range of stakeholders. The Guidelines on Cyber Security Onboard Ships are free to download from the BIMCO website.

Angus Frew, Secretary General of BIMCO, said:

“BIMCO has led the way to identify potential cyber vulnerabilities for ships – and their implications – based on the latest expert research.”

“The aim is to provide the shipping industry with clear and comprehensive information on cyber security risks to ships enabling shipowners to take measures to protect against attacks and to deal with the eventuality of cyber incidents.”

Cyber threats are changing all the time – and BIMCO and the other industry associations will regularly update the cyber guidelines to ensure shipping companies have the latest information available.

Angus Frew added:

“The guidelines launched today should help companies take a risk-based approach to cyber security that is specific to their business and the ships they operate.”

ENDS

Further information can be found on the BIMCO website.

Dec 17

Ensuring a Safe Christmas on the Water

By Fiona Newton News, Uncategorized

The Christmas and New Year period is the perfect time to drag the boat out and hit the water to appreciate our beautiful sunny Queensland.

You certainly will not be the only boat owner to have this thought so please be mindful of all extra boats out on the water. Increased traffic means a higher number of incidents so we ask that you, your family and friends be extra cautious and alert this year.

Here are a few tips to help make your Christmas afloat a safe one:

Always ensure there is a charged mobile phone available
Have an EPIRB on-board if operating more than 2 nautical miles from land in open waters. Ensure this in date and registered.
If drinking, please ensure there is at least 1 designated driver onboard. Police periodically conduct random breath tests in our waters. The blood alcohol limits for recreational skippers is 0.05.
Always check the weather forecast before and during your trip. Be prepared for extreme conditions.

From everyone at Oceanic Marine Risks, we wish you all a wonderful festive season.

Enjoy your time on the water this Christmas!

Sep 09

Hands Across the Blue for Prostate Cancer

By Fiona Newton News

On Saturday 29 August, just under 200 boats, united at the Shag Islet Cruising Yacht Club (SICYC) Rendezvous in Gloucester Passage to raise funds for the Prostate Cancer Foundation. Members who have come from around the country gathered in the
waters off Montes Reef Resort to form the spectacular ‘Hands Across the Blue’ in the shape of the Prostate Cancer of Australia
logo.

The aim is to increase awareness of the fatal cancer that takes so many Australians lives each year. Maria Dwyer & Lizzie Wickham from Oceanic Marine Risks presented the Shag Islet Cruising Yacht Club with a donation of $10,000, which assisted in the raising of $82,000 over the 3-day event.

Hands Across the Blue for Prostate Cancer
On Saturday 29 August, just under 200 boats, united at the Shag Islet Cruising Yacht Club (SICYC) Rendezvous in Gloucester Passage to raise funds for the Prostate Cancer Foundation. Members who have come from around the country gathered in the
waters off Montes Reef Resort to form the spectacular ‘Hands Across the Blue’ in the shape of the Prostate Cancer of Australia
logo. The aim is to increase awareness of the fatal cancer that takes so many Australians lives each year. Maria Dwyer & Lizzie Wickham from Oceanic Marine Risks presented the Shag Islet Cruising Yacht Club with a donation of $10,000, which assisted in the raising of $82,000 over the 3-day event.

700 members attended the event in a bid to raise money for the foundation with raffles, auctions and events taking place. Ken Thackeray, the founder of the SICYC said his goal is to spread the word throughout Australia and hopes that on the last Saturday of August each year other organizations will hold hands across the blue to raise the awareness of Prostate Cancer and the effect it has on many Australians and their families.

The Shag Islet Cruising Yacht club has over 4000 members worldwide with the crucial aim of raising much needed funds for the Prostate Foundation as well as creating a social network for the cruising yachties and members. Membership is $60, which includes the title of Vice Commodore in your specified area, SICYC polo shirt & membership card. To become a member of the SICYC visit www.sicyc.com.au