Unparalleled competition and cost pressures means that legal risks in the transport sector can only be effectively managed by a team with real industry experience.
Supply chains are becoming more complex and Government regulation is increasing. Yet at the same time, customers expect transport and logistics providers to supply faster and cheaper delivery. This creates the tension of increased legal risk for lower returns. Participants in the transport sector often try to manage this by offering pricing which requires the customer to accept the maximum legal risk. However, it is crucial that this in fact is the legal effect of the transport documentation and that there is an awareness of the regulatory risks and responsibilities which cannot be passed to another party.
The legal environment of the transport sector depends on the whether the transport is domestic or international. Where there is an international element the parties need to consider the impact of international conventions, the risks in using transport documents designed for other jurisdictions and the ability to enforce the contract against a customer in another jurisdiction. Where the transport is domestic, there is the increased regulation associated with Chain of Responsibility requirements and unique application of the Australian Consumer Law to transportation contracts.
Hunt and Hunt has real and specific experience working with a variety of transport and logistics providers including road, sea and air carriers, third party logistics providers, freight forwarders and warehouse operators. Hunt and Hunt can assist those in the transport industry with the following issues:
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This article was originally published in the Autumn edition of Across Borders, which can be found here Generally, Australia's customs