Christmas can be a tricky time of year for those away from friends and family, whether at sea or other reasons.
I decided to bring on special guest Andrew from Lifeline Australia to talk about mental health and some simple strategies for those who may need a few extra guardrails at this time of year. No different than a ship needing two tugs at a particularly tricky port.
All content is intended for information and educational purposes only. If you or someone you know is in crisis, call Lifeline on 13 11 14 at any time of day or night. You can also text them on 0477 13 11 14 or use their online chat service. If life is in danger, please call Triple Zero (000) immediately.
Andrew is speaking as an individual and his views don't necessarily represent those of Lifeline or Lifeline Central West.
Website and Socials
https://www.linkedin.com/company/lifelinecentralwest
In this episode of The Shipping Lawyer, Alison Cusack is joined by Namrata Nadkarni (CEO, Intent Communications) andDeclan Bush (Senior Reporter at Lloyd's List Intelligence) and to unpack the IMO MEPC delayed vote, why it happened, and what it signals for the future of maritime regulation.
We cut through the headlines to explain the process, politics, and practical impact of the delay, including those parts that may not have made headlines (and probably should!).
Join us for a discussion behind the discussion.
This episode was proudly sponsored by Cusack & Co Academy
Disclaimer:
The opinions of the guests are their own and not representative of their employers.
Namrata's linksAmbassador Albon Ishoda Speech "A Just and Equitable Transition in the Shipping Industry" COP28https://www.youtube.com/watch?v=uTnig2vqul8
Declan's LinksDeclan's news story on the IMO delay:
https://www.lloydslist.com/LL1155147/IMO-to-delay-Net-Zero-Framework-vote-for-one-year
Declan's story on the problem of ‘tacit’ v ‘explicit’ acceptance of Marpol amendments:
https://www.lloydslist.com/LL1155120/US-tries-to-hobble-NZF-with-late-bid-to-change-acceptance-rules
NYT on US bullying at MEPC/ES.2:
https://www.nytimes.com/2025/11/06/climate/trump-climate-international-bullying.html
Declan's podcast interview with Michael Liebreich on the cases for and against hydrogen-based e-fuels:
https://www.lloydslist.com/LL1153323/Are-e-fuels-a-waste-of-time
Michael Liebreich’s presentation on why there won’t be a hydrogen economy more broadly:
https://www.youtube.com/watch?v=w0Q9cuF8zKg
UCL Professor Tristan Smith on shipping decarbonisation and the IMO process to date:
In this episode, Alison Cusack challenges the old idea of “black swan events” in shipping. Over the last five years, the industry has accumulated enough knowledge, data, and legal frameworks that very few risks are genuinely unforeseeable.
Using three high-profile incidents — the Dali collision with Baltimore’s Francis Scott Key Bridge (2024), the Ever Given blockage of the Suez Canal (2021), and the One Apus container loss (2020) — Alison explores how law, contracts, and risk management have evolved.
This episode isn’t about panic or chaos. It’s about professional standards, accountability, and adaptability. In 2025, calling something a “black swan” can no longer be an excuse for being underprepared.
Learn why modern shipping law rewards curiosity, agility, and proactive risk management — and why organizations that fail to adjust are already behind.
🔑 Key Takeaways:
Black swans are no longer a get-out-of-jail-free card: If you were surprised, it’s likely due to a lack of preparation or failure to adapt, not impossibility.
Dali & Baltimore Bridge: Electrical and propulsion failures were known risks — unforgiving margins, not unforeseeable events, triggered a legal and operational test.
Ever Given: Chokepoint disruptions were predictable; the real challenge is adapting contracts and operational assumptions to systemic risk.
One Apus: Severe weather is a foreseeable risk. Proper stowage, routing, and insurance are essential — claiming surprise no longer holds.
The death of plausible deniability: With incident reports, regulatory guidance, and post-mortems widely available, remaining unprepared is a choice.
🎯 Who Should Listen:
Shipping lawyers, P&I and insurance professionals
Shipowners, charterers, and operators
Maritime risk managers and compliance teams
Anyone interested in how legal frameworks shape modern shipping resilience
🔗 Resources & References:
This episode was proudly brought to you by the Cusack & Co Academy
In this episode of The Shipping Lawyer, Alison Cusack unpacks the proposed Section 301 US / China-related port fees — what they are, how they came to be, and why the current 12-month pause should not be mistaken for a policy retreat.
These are not ordinary port charges. They are trade measures, applied through maritime access, with the potential to reshape cost allocation, routing decisions, and contractual risk across global shipping.
This episode explains what’s really going on beneath the headlines — and why now is the critical moment to prepare.
What Section 301 is and how it has been extended beyond tariffs on goods into the shipping sector
Why China-built vessels and fleet composition became the focus of the proposed port fees
How and why the industry pushed back — and what that reaction tells us about supply chain fragility
What the 12-month pause actually means (and what it doesn’t)
Who is likely to bear the cost if and when the fees are introduced
Why silence or outdated drafting in contracts creates real exposure
How to use the pause to build agile, resilient contracts, including:
port cost and charges clauses
change-in-law triggers
route and port flexibility
hardship vs force majeure
governing law and dispute strategy
The pause is not a reprieve — it’s a drafting deadline.
When shipping becomes a policy lever, contracts need to be built for political risk, not just operational risk.
If you work in shipping, trade, logistics, insurance, or maritime law — this episode is about being ready before the switch is flipped back on.
🎧 Follow The Shipping Lawyer for practical analysis of maritime incidents, regulation, and the legal issues shaping global trade.
This episode is proudly brought to you by the Cusack & Co Academy
What does good change actually look like — especially in industries where risk, legacy systems, and “we’ve always done it this way” are part of the furniture?
In this episode, I’m joined by Shevonne for a practical, human conversation about change management — not the glossy framework version, but the kind that shows up as a junk room, a messy inbox, or a box of decisions no one wants to open.
We talk about why real progress often starts when you hand over your “box of shame” — the contracts, processes, incidents, or problems you’ve been avoiding — and let someone help you sort through it collaboratively. Not to judge. Not to blame. Just to make sense of what’s there and decide what actually needs to change.
Whether change is being forced on you by a crisis, an incident, or regulatory pressure — or whether things are going fine, but could be working better — this episode explores how to approach improvement without burning everything down.
We cover:
Why change doesn’t have to be dramatic or painful to be effective
The difference between reactive change after a disaster and proactive “good change”
How legal, operational, and people-led perspectives can work together
Why avoiding the mess usually costs more than facing it early
How collaborative problem-solving creates safer, more resilient outcomes
This is a conversation about trust, curiosity, and improvement — and why sometimes the smartest move is simply inviting the right people into the room to help you tidy up what’s been quietly weighing you down.
Connect with Shevonne on LinkedIn or visit her website.
Episode proudly brough to you by Cusack & Co Academy
Remember to link, share and follow!
General Average, York Antwerp Rules, and Why the Jason Still Matters
General Average is one of the oldest principles in maritime law — and one of the least understood until something goes wrong.
In this episode of The Shipping Lawyer, we take a deep dive into how General Average actually works in practice, why the York Antwerp Rules matter more than many realise, and how a century-old U.S. Supreme Court case involving the vessel Jason still shapes modern shipping contracts.
This episode connects the dots between General Average, the York Antwerp Rules, the New Jason Clause, and both-to-blame collision, showing how these concepts operate together as a coherent risk-allocation system — not isolated bits of legal boilerplate.
What General Average is, when it applies, and why fault doesn’t matter (at least initially)
What happens after a General Average declaration, including security demands and the role of the average adjuster
How the York Antwerp Rules standardise General Average — and why the version incorporated into your contract matters
Key differences between the 1950 and 2016 York Antwerp Rules, including crew wages, salvage, environmental costs, and interest
The real-world origin of the New Jason Clause, named after the vessel Jason
How the New Jason Clause separates negligence from General Average contribution
Why both-to-blame collision clauses exist, and how they prevent circular and commercially unworkable outcomes
How these clauses appear in BIMCO-style charterparties and bills of lading, and why they stop being “boilerplate” the moment there’s a casualty
General Average, the York Antwerp Rules, the New Jason Clause, and both-to-blame collision clauses are not relics of maritime history. They are practical tools that quietly determine who pays, how much, and in what order when things go wrong at sea.
If you’ve ever dealt with a fire, grounding, collision, or salvage operation — or you advise people who do — this episode explains why the contract wording often matters more than fault.
This episode is proudly brought to you by Cusack & Co Academy
In this episode of The Shipping Lawyer, Alison Cusack breaksdown the late-November 2025 fire onboard the container vessel ONE Henry Hudson in the Port of Los Angeles — an incident that triggered a major firefighting and salvage response and ultimately led to a declaration of GeneralAverage.
We walk through what happened, why it mattered, and thereal-world legal and commercial consequences for carriers, cargo owners, insurers, and brokers — especially on large alliance vessels with thousands of bills of lading in play.
In this episode, we cover:
The incident timeline — from the fire at berth to offshorefirefighting and the vessel’s return to port
Operational challenges incontainership fires, including stowage access, hazardous cargo risks, vessel stability, and controlled offloading
Why General Average was declared and what that means in practice
The role of the Average Adjuster (Richards Hogg Lindley) and how cargo release works
Alliance and trade lane complexity — why the issuing carrier on your bill of lading matters
What cargo owners and insurers can expect next, including guarantees, deposits, inspections, and long timelines
Practical takeaways for:
Shippers & freight forwarders — insurance checks,documentation, and GA readiness
Next episode teaser:
General Average — the ancient maritime principle everyonedreads but few truly understand.
Why does it still control cargo release today?
Who actually pays — and when?
And why do some shipments move quickly while others are stuck for months?
In the next episode, we break General Average step by step,using real-world casualties like ONE Henry Hudson to explain how itreally works.
Because in shipping, General Average isn’t rare.
It’s just poorly understood.
This episode was brough to you by Cusack & Co Academy
In this episode of The Shipping Lawyer Podcast, I sit down with Captain David Ferguson, Cairns Regional Harbour Master (Maritime Safety Queensland, part of the Department of Transport and Main Roads Queensland), to explore what it really takes to oversee one of Australia’s most diverse and environmentally sensitive maritime regions.
Captain Ferguson begins by unpacking the day-to-day role of the Regional Harbour Master and the breadth of responsibility that comes with managing the Cairns port limits, from commercial shipping and cruise vessels to tourism operators and recreational traffic. With Cairns acting as a gateway to the Great Barrier Reef, coordination, communication and safety are constant priorities.
We delve into the unique operational challenges of running a harbour so closely connected to a World Heritage listed marine environment. Captain Ferguson explains how marine safety systems, traffic management, pilotage and compliance frameworks work together to keep waterways both safe and efficient, while also protecting fragile reef ecosystems.
The conversation also turns to tropical weather and cyclone preparedness, with insights into how ports, operators and authorities plan for severe weather events and minimise risk during the North Queensland wet season.
Environmental stewardship is a strong theme throughout the episode. Captain Ferguson discusses how his team supports reef protection, sustainable maritime operations and responsible growth, balancing economic activity with long-term environmental care.
We also reflect on the critical role the harbour and broader maritime network play in supporting the Cairns community and regional economy, before Captain Ferguson shares a memorable moment from his career that captures the uniqueness of working in Far North Queensland.
Looking ahead, the episode closes with a forward-looking discussion on practical advice for young people in Northern Queensland considering a career at sea or in maritime operations.
A fascinating insight into harbour management, marine safety and environmental responsibility in one of Australia’s most iconic maritime regions.
This episode is proudly sponsored by Cusack & Co Academy
In this episode, I’m joined by Brian Glick, CEO of supply chain technology company Chain.io, to unpack a deceptively simple idea: having access to your data matters — but you don’t need all of it.
We explore why data accessibility is more important than data volume, how too much information can actually slow decision-making, and where businesses should be focusing their attention to get real value from their systems. Brian shares practical insights from the front line of supply chain tech, including common mistakes companies make when chasing “more data” instead of better connectivity, clarity, and usability.
This conversation is a reality check for anyone overwhelmed by dashboards, integrations, or digital transformation projects — and a reminder that the goal isn’t data hoarding, but smarter, more confident decisions.
Check them out at Chain.io
Thanks to show sponsor Cusack & Co Academy
In this episode, we welcome Angus Mitchell, Chief Commissioner of the Australian Transport Safety Bureau (ATSB), for a candid and wide-ranging discussion on the role, impact, and future of Australia’s national transport safety investigator.
Angus opens with a clear and compelling elevator pitch on what the ATSB actually does, cutting through the assumptions to explain its independent role in improving safety across aviation, rail, and maritime sectors. He also outlines what sits outside the ATSB’s remit, offering listeners a deeper understanding of what the organisation does not do and why that matters.
We unpack one of the biggest public misconceptions about the ATSB, giving Angus the opportunity to dispel persistent myths and reaffirm the agency’s purpose. From there, the conversation shifts to the maritime world.
A key point of the episode is the ATSB’s “no-blame” investigation philosophy. Angus explains why this principle is essential to uncovering systemic issues, fostering industry trust, and ultimately improving safety outcomes.
The discussion then turns to the CMA CGM Puccini investigation, exploring how Australia can influence safety behaviour and change within major global shipping operators (despite the complexities of international jurisdictions).
We also dive into the human element of transport safety. Angus shares how he views his role in shaping behaviours, regulation, and human-factor awareness across the maritime industry, and why culture and decision-making are central to long-term safety performance.
To close, Angus reflects on his five-year term as Chief Commissioner and what he hopes his legacy will be—whether or not he’s reappointed. His answer is grounded, candid, and offers rare insight into leading a national safety organisation through a period of major change.
This episode is an essential listen for anyone in maritime, transport leadership, safety management, or anyone who wants to understand how independent investigations drive safer industry outcomes.
https://www.atsb.gov.au/
https://www.youtube.com/user/ATSBinfo
In this episode, we’re joined by Dorothea from American P&I Club, diving into the ins and outs of marine insurance and the ever-evolving shipping industry.
We start with an industry overview, where Dorothea explains the critical role of a P&I Club and what sets American P&I Club apart in supporting shipowners and operators. She then walks us through emerging risks in shipping today, highlighting key challenges and regional trends that every maritime professional should know.
A major focus is on seafarer welfare and abandonment, a pressing issue in the industry. Dorothea shares how the P&I community protects crew members and provides examples of recent initiatives making real progress.
She also tackles some common myths in the industry, clearing up misconceptions that even seasoned professionals encounter.
Looking forward, Dorothea offers practical advice for shipowners and operators on risk mitigation and smooth operations, and shares her perspective on where the P&I industry is headed in the next 5–10 years.
We wrap up with her key takeaway—a message every listener can carry into their own maritime journey.
Tune in for a conversation that’s both insightful and actionable, whether you’re new to shipping or a seasoned professional navigating the waters of marine insurance.
This episode was proudly sponsored by Cusack & Co Academy
Episode 1 — Steven Jones and The Secret Santas of the Sea
In the kickoff to our 12 Days of Christmas special, we sit down with Steven Jones, founder of the Seafarers Happiness Index and place front and centre Seafarers - the true Secret Santas of the Sea.
Steven shares the story behind the creation of the Index, why measuring seafarer wellbeing matters more than ever, and the realities facing crew members during the holiday season. We explore the human side of life at sea, the challenges that often go unseen, and how small acts of support can make a meaningful difference for those keeping global trade moving.
This episode sets the tone for a season dedicated to people, purpose, and the spirit of giving across the maritime world.
Follow Steven's "Make Maritime Matter Again" on LinkedIn:
Or find out more about the Seafarers Happiness Index
Note: we had some comms issues, so if the audio glitches we do apologise, but note that it gives you a slight insight into the comms experience of seafarers!
Podcast proudly sponsored by Cusack & Co Academy
In this episode, we move beyond tariffs to explore the fine print that truly shapes global trade — shipping contracts and Incoterms®. These aren’t just technical details; they’re the backbone of every international deal, deciding who pays for what, who carries the risk, and how companies can protect themselves when new tariffs or disruptions hit.
We break down:
The key elements of a solid shipping contract.
How Incoterms® define responsibilities between buyers and sellers, and how choosing the wrong one (like DDP instead of FOB) can lead to unexpected tariff costs.
Real-world scenarios where mismatched contracts and Incoterms left companies exposed to sudden tariff hikes, insurance gaps, and delivery disputes.
Practical steps to align your contracts and Incoterms to reduce risk, build flexibility, and protect your margins.
You’ll learn how contracts and Incoterms work together as a risk-management toolkit — and why a well-written clause can save your business thousands when trade policies or tariffs change overnight.
Key takeaway:
“Contracts set the rules, Incoterms set the responsibilities — and tariffs test how well you’ve written both.”
Listen if you’re:
An importer/exporter managing international shipments
A freight forwarder or logistics professional
A business owner navigating global supply chains
Or anyone who wants to understand how trade agreements translate into real-world risk
What do tariffs really mean for global trade, shipping, and your wallet?
In this episode, I sit down with a former OECD economist to unpack the true impact of tariffs — far beyond the political headlines.
We cover:
🔹 Why tariffs act more like a hidden tax on consumers in the long run
🔹 How governments use tariffs as bargaining chips in trade wars
🔹 The ripple effects on shipping, logistics, and global supply chains
🔹 Lessons from history — when tariffs backfired and reshaped economies
If you’ve ever wondered why your goods cost more, why supply chains get disrupted, or how trade policy actually works in practice, this conversation will give you the insider perspective.
🎧 Listen now and subscribe for more deep dives into law, economics, and trade.
👉 Don’t forget to like, comment, and share if you found this useful.
Welcome to Part 1 of our three-part series on global shipping shocks. In this episode, we unpack the U.S. decision to end the de minimis exemption — a policy that previously allowed small packages under $800 to enter duty-free.
We explore:
What de minimis was and why it existed.
The impact on consumers and Australian businesses, from higher costs to canceled U.S. orders.
Global reactions, including over 25 countries pausing shipments to the U.S.
Tariffs, processing fees, and practical steps for exporters navigating the new landscape.
This episode lays the foundation for Part 2, where we’ll speak with a former OECD economist, and Part 3, where we dive into contractual strategies to protect against tariffs.
Listen in to understand how small parcels are now having a big global impact — and what businesses and consumers can do to adapt.
In this episode, we dive into the challenges of containers going overboard and the ripple effects across the shipping and logistics industry. We take a trip down memory lane, revisiting prior incidents and lessons learned, then explore the practical and legal considerations that follow. Topics include:
General Average
Determining whether you are a party on the Bill of Lading (B/L)
Key Incoterms and their impact on risk allocation
The role of insurance in maritime losses
The duty to mitigate damages
How delays affect responsibilities and liabilities
Whether you’re in shipping, logistics, or just curious about how container incidents play out behind the scenes, this episode offers insights, cautionary tales, and food for thought.
Links:
LinkedIn Newsletter Disclaimer: Not intended as legal advice and does not create a lawyer / client relationship. Seek professional advice for your specific situation
Flagged and Detained: Port State Control in Action
What happens when a ship doesn’t meet international standards? In this episode, we dive into the world of Port State Control (PSC) — the safety net that keeps substandard ships out of our waters.
We explore:
What Port State Control is, and why it exists
The role of the Tokyo MOU in the Asia-Pacific region
Common ship deficiencies and why they matter
Spirit of Tasmania detention in Singapore
Why even high-profile vessels aren’t above inspection
Through a legal and practical lens, I break down how PSC works, what happens during inspections, and what it means when a vessel is detained — from rusty tankers to ferries in the national spotlight.
If you're a shipping professional, law student, or just curious about how maritime regulation plays out in the real world — this one's for you.
Definitions:
MARPOL: International Convention for the Prevention of Pollution from Ships
SOLAS: International Convention for the Safety of Life at Sea
STCW: Standards of Training, Certification, and Watchkeeping for Seafarers
MLC: Maritime Labour Convention 2006
👩⚖️ The Shipping Lawyer is available on Spotify, Apple, and wherever you get your maritime fix.
🔔 Follow and turn on notifications to never miss an episode.
DM me on LinkedIn or drop your question at admin@cusackandco.com.au.
Note: This podcast is not legal advice
p.s Yes, some of the pronunciations may need some work - apologies!
🎙️ Episode Title: Episode 4: Flag State
📅 Release Date: 16 July 2025
🎧 Duration: 23mins
Description:
In this episode, we dive into the concept of flag states and their vital role in the global maritime industry. What does it mean for a ship to be registered under a certain flag? Why are Panama, Liberia, and the Marshall Islands the top choices for many shipowners?
We also explore the influence of key international conventions like SOLAS, STCW, MARPOL, and MLC, and how flag states are responsible for enforcing these standards on vessels flying their flag.
Topics Covered:
⚓ What is a flag state, and why does it matter?
🚢 Top 3 flag states: Panama, Liberia, and Marshall Islands
🌍 The rise of "flags of convenience" and their implications
📜 Responsibilities of flag states under international law
📘 Key conventions:
- SOLAS (Safety of Life at Sea)
- STCW (Standards of Training, Certification, and Watchkeeping)
- MARPOL (Marine Pollution)
- MLC (Maritime Labour Convention)
💼 How flag states impact safety, labor rights, and environmental compliance
Solo Episode
Host: Alison Cusack, The Shipping Lawyer
Another special episode - talking about the situation post ILA Strike pause.
Overall - my take is to treat it like an opportunity to get squared away on the worst case scenario they strike again!
#TheShippingLawyer
Special edition of The Shipping Lawyer podcast - ILA strikes.
This was recorded and uploaded 30 September 2024 (Australian time).
We'll be discussing how the ILA strikes can impact freight forwarders and shippers (and importers):
- Force Majeure
- Insurance
- Contracts
- Export D&D
Disclaimer: Not intended to be relied on as legal advice. This does not create a lawyer / client relationship. Seek professional advice for your particular situation.