Sailing and Boating Accidents, Risk and Liability
Boat owners/charterers and the lawyers advising them should have a comprehensive understanding of the risks and liabilities that can arise from sailing and boating accidents and incidents. Examine these risks and liabilities, how to minimise them, and what to do if an incident occurs. Ensure you’re across not only the risks of injury or property damage, but also the ramifications if there is an accident and what liability, insurance & damages issues may arise. WEB226N08
Description
Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: John Markos, Former Managing Partner, Hicksons Lawyers; Former Commodore, Cruising Yacht Club of Australia
2.00pm to 2.50pm Overview of the Legal Framework
- Liability that arises and regulations that control activities on water for pleasure craft and for racing
- Maritime Regulations and liability for breach
- Determining the nature of the civil liability depending on the relationship of the injured party to the owner of the vessel
- A discussion of Investigations that might help clarify liability
- Rights of recovery against another boat owner
- Matters that will void insurance
- Mitigation: vessel condition, safety briefings
Presented by Anthony Highfield, Partner, HWL Ebsworth; Recommended Admiralty, Shipping & Maritime Lawyer, Doyle’s Guide 2022
2.50pm to 3.45pm Liability of the Sailing or Recreational Vessel Owner to Third Parties & Key Insurance Issues
- Kid’s sailing: navigating the risk issues of children’s sailing activities
- Racing: liabilities between competitors and the public
- ‘Mucking around in boats’ - leisure use of sailing and recreational vessels
- The insurance framework for recreational and competitive sailors: insurance, national schemes, club insurances and the like
Presented by Christopher Stannage, Managing Director, Saltwater Insurance Consultant; President, Hunters Hill Sailing Club
3.45pm to 4.05pm Afternoon tea
4.05pm to 4.45pm Compliance Liability Hypotheticals
Join Craig Purdon from Transport for NSW who will guide you through a series of real-life hypothetical scenarios that will clarify liability obligations when incidents have occurred.
- The regulators view of compliance
- What can be improved in behaviours by boat users?
- The regulators view regarding prosecution for negligent boat use and the results of recent prosecutions
- What procedure does the safety investigators adopt in cases of accident or transgressions
- What is the level of responsibility of organisers when there has been an accident or transgression by a person in control of a vessel?
Presented by Craig Purdon, Manager Maritime Investigations, Maritime, Transport for NSW
4.45pm to 5.15pm INSIGHTS FROM THE PANEL: Q&A with the Experts
Take this opportunity to hear from the key experts in the area as they share their cautionary tales, real world examples, and expert guidance with you, all while answering your questions.
Facilitator: John Markos, Former Managing Partner, Hicksons Lawyers; Former Commodore, Cruising Yacht Club of Australia
Panellists:
Anthony Highfield, Partner, HWL Ebsworth; Recommended Admiralty, Shipping & Maritime Lawyer, Doyle’s Guide 2022
Christopher Stannage, Managing Director, Saltwater Insurance Consultants; President, Hunters Hill Sailing Club
Craig Purdon, Manager Maritime Investigations, Maritime, Transport for NSW
Presenters
John Markos
John practised as a lawyer, managing partner and trusted business advisor for many years having been Hicksons’ Managing Partner for 20 years, stepping down in 2019. He is a trained Mediator and have served as a director of several companies and advisory boards.
Anthony Highfield
Anthony has more than 20 years’ experience in maritime and related transport law. As am accredited specialist in personal injury law, Anthony’s experience includes acting in the defence of crew, third party and passenger injury claims including asbestos and seafarers (Seafarers Rehabilitation & Compensation Act 1992). He also advises in relation to a range of casualty matters including Admiralty, ship operation and crewing/regulatory requirements, cargo, collision, salvage and towage, groundings, shipboard damage and fires, sinking and unseaworthiness, and other breach of warranty claims. Anthony also has experience with marine insurance policy response, environmental (pollution) claims, freight forwarding and logistics, terminal operations and warehousing, recovery actions and ticket wording and contractual arrangements.
Christopher Stannage
Chris Stannage is a senior insurance legal practitioner and entrepreneur with over 28 years of advising upon, designing, leading and delivering effective insurance and self-insurance programs. He is a trusted advisor to a number of Australia's leading banking, funds management, property and construction players, including listed and unlisted property funds, developers, builders, contractors and financiers, and is the founder and Managing Director of boutique legal and consultancy practice Saltwater Insurance Consultants (www.saltwaterinsurance.com), President and Chief Enthusiasm Officer of the Hunters Hill Sailing Club, Sydney, and a regular dinghy sailor and qualified powerboat / safety boat skipper.
Craig Purdon
Craig Purdon is the Manager Maritime Investigations for Transport for NSW, having been in this role for 17 years. Craig has had a long and varied career in the marine industry, starting in the NSW Water Police in the 1980s, then working as a commercial diver, scuba instructor and charter vessel captain in various parts of the world. His maritime law enforcement roles have also included Ranger-in-Charge of the Townsville Marine Parks Base and Maritime Investigator with Maritime Safety Queensland. Craig has a Master’s Degree in Investigations Management and holds a professional maritime qualification as a Master <35 metres.