LSV Borrello Lawyers has exceptional experience and market leading skills in transport and logistics. Our Team have handled over 2000 port, shipping, rail, road and onshore and offshore logistics matters, coving a wide range of corporate, commercial, regulatory, infrastructure and operational matters across all States in Australia.

Our experience also includes structuring, negotiating and advising on some of the largest and most complex port, logistics and intermodal infrastructure and services contracts entered into in Australia in recent years.

Our expertise includes:

  • Port, rail and logistics projects and operations and all areas of associated contracting, and legal risk management
  • Shipping and maritime matters (including vessel chartering, management, crew, financing and construction)
  • Contract negotiations and contract dispute resolution strategies
  • Port and rail infrastructure delivery models and contract structuring including PPP’s and alliance arrangements
  • Port, terminal and rail owner and operator limitation of liability regimes
  • Port and transport industry legislation and regulations
  • Infrastructure access regimes
  • Tendering and tender risk management
  • Construction, engineering and transport infrastructure developments
  • Asset acquisitions and disposals
  • Complex leasing and licensing agreements
  • Take-or-pay regimes
  • Capital and cost recovery price structuring
  • Price review mechanisms
  • Port, transport and shipping insurance issues
  • Delay cost and delay liability regimes
  • Product handling and related issues – iron ore, LNG, oil, fuel, condensate, ammonia, nickel, sulfur, coal, mineral sands, lead, clinker cement, rocks, grain, pig iron, salt, woodchips, logs, fertilizer, containers and break bulk
  • Transhipping

Logistics

  • Supply base service contracts
  • Offshore logistics arrangements
  • Oil and gas industry logistics arrangements
  • Fuel pipeline and terminalling agreements
  • Mining industry logistics arrangements
  • Marine logistics
  • Warehousing, storage and distribution contracts
  • Limitation of liability regimes
  • Offshore container hire and user contracts
  • Anchor support, tug standby and barge contracts
  • Logistics joint ventures and multi service provider contracts
  • Logistics tenders and tender response strategies
  • Price structuring and review mechanisms
  • Fuel levies and fuel and services cost escalation formulas
  • Rail and haulage services arrangements
  • Subcontractor arrangements

Transport Infrastructure, Management & Procurement

  • Greenfield and brownfield port and rail development projects
  • Infrastructure operating and management contracts
  • New facilities agreements – new wharf and jetty facilities, loaders, unloaders, conveyors and pipelines etc. for use by dedicated and multiple users
  • Third party access regimes
  • Vessel scheduling regimes
  • Port Pricing – port and terminal pricing and capital recovery models
  • Limitation of liability issues – operating delays, demurrage and a variety of other operating risk exposures
  • Financier step-ins – agreements
  • Standard procurement terms
  • Port construction contracts – infrastructure including security and bond arrangements of risk issues relating to foreign contractors
  • Dredging contracts
  • Terminal leasing and pipeline and conveyor corridor contracts
  • Maritime precinct projects – advising on the development of port land for commercial purposes, joint venture scenarios, viable ownership structures, leasing and financing options
  • Stevedore infrastructure agreements
  • Electricity contracts between port authorities and port users
  • Design and construction contracts for pilot vessels, loaders, unloaders and conveyors
  • Demolition projects
  • Minor Works – preparation of standard form minor works terms and conditions and associated contracting tender documentation
  • Consultancy terms and conditions and associated tender documentation
  • Berth licences
  • Berth access and facility usage terms and conditions
  • Harbour Master’s exposure
  • Vessel detentions and arrests for unpaid charges and fees
  • Dynamic under keel clearance system contracts
  • Port security – legal exposure and risk management
  • Common user berth issues and user terms and conditions
  • Mooring and berthing exclusivity issues
  • Indemnity terms for “at risk” vessels or vessels in need of safe haven

Service Contracts & Licences

  • Towage licences
  • Bunkering licences
  • Lines and mooring licences
  • Stevedoring licences
  • Quarantine and waste management licences
  • Pilotage services licences
  • Wet and dry hire and labour supply contracts
  • Labour supply – tender preparation and advice, structuring and drafting documentation for contracted supply of labour
  • Hydrographic survey contracts
  • Exclusive dealing and competition law issues

Rail

  • Rail services agreements.
  • Rail access issues.
  • Joint ventures between rail and road haulage operators.
  • Rolling stock and locomotive design, construction and procurement contracts
  • Rolling stock and locomotive maintenance and service contracts
  • Locomotive and wagon sale, purchase and lease agreements
  • Property lease and licence agreements concerning rail sidings and workshop and maintenance facilities

Shipping

  • Vessel chartering and vessel and crew management contracts
  • Maritime insurance
  • Vessel design, construction and modification contracts
  • Vessel mortgages, caveats and securities
  • Vessel Recycling
  • MARPOL and Basel Convention
  • Dry docking and slipway contracts
  • Foreign crew issues
  • Vessel arrests
  • Vessel acquisitions, disposals and registration