Maritime Lawyers Capt. John Kavanagh Shares His Thoughts
When I was learning my trade as a master mariner, Seamanship was at the core of our training. seamanship is the art and science of safely taking a vessel from one place to another in a manner that protects the vessel, and all on board, from the perils of the sea. Seamanship begins with the art of choosing the right vessel for the voyage, through to a vessel‘s propulsion and engineering, working at sea, navigation, maintenance, preparedness for emergencies and so on. Good seamanship (and perhaps a little good luck) is always required to take a vessel to sea and safely return to port.
Seamanship is also about teamwork. No single crew member knows everything about seamanship, and specialist roles are a familiar concept. Crew lists are filled with navigators and watchkeepers, engineers and technicians, deckhands and lookouts, cooks and stewards, and other specialists. Under the watchful eye of the captain, all play their part to ensure the vessel is safe and comfortable (weather permitting) at all times, whether at sea or in port.
As any ship’s captain will tell you, Good seamanship is most noticeable when it is absent. No proper planning, poor training, miscommunication, rushed decisions, not following procedures, the lack of basic sailor’s commonsense, can all cause injury, death and disaster.
It seems to me that these same principles can be applied to buying a vessel. In the same way that a vessel’s crew must have good seamanship and good teamwork, buying and operating a vessel means that an owner must also follow the principles of Good Ownership.
Good ownership, like Good seamanship, requires specialists with a range of skills all operating together as a team. The principles of good ownership begin with selecting the right vessel for you, followed by inspections and surveys, working with a reputable sales broker, setting up the right structures to own the vessel, obtaining the right finance product, seeking taxation and accounting advice, selecting the right flag, insurer, and crew.
Of course, we mustn’t forget the maritime lawyers who ensure you actually get what you pay for. All these specialists have a role to play in ensuring that you are exercising good ownership in one of the most significant decisions in your nautical life.
At Pacific Maritime Lawyers, we work daily with our colleagues in accounting, corporate law, insurance and marine surveying, amongst others. We are accustomed to working as a team with our fellow professionals to ensure that when you are buying or selling your dream vessel, you exercise good ownership to prevent buyer’s regret or worse.
As maritime lawyers, we regularly see what happens when vessel buyers fail to exercise good ownership. Our files are full of owners who have experienced unpleasant surprises, expensive repairs, marine incidents, unexpected regulatory action and litigation. The main goal of good ownership, like good seamanship, is to avoid the perils of the sea and return safely to port. We would much rather assist you to exercise good ownership than face the often expensive and heart-breaking process of managing yet another maritime disaster. Prevention is always better than cure.
We have existing relationships with many professionals who can assist you with good ownership, and we look forward to becoming part of your team.
Capt. John Kavanagh
Principal Lawyer – Master Mariner
Ph: 0481 170 373 john@pacificmaritimelawyers.com.au
Published in print April-June 2023
