Did you hear the one about ...
Demurrage charges related to shipping containers may be dying.
Our reasoning is as follows:
A. There are changes in Australian consumer and competition law which will take effect from tomorrow (1 July 2010); which
B. May combine with decisions that will be made in current litigation; to
C. Make exhorbitant demurrage charges a thing of the past.
Demurrage charges relating to Bills of Lading issued before 1 July 2010 are highly unlikely to be impacted by the revised consumer law, so no one should expect that there will be any refunds of demurrage paid in relation to Bills of Lading issued before 1 July 2010.
As shipping companies can be expected to put up a massive fight to protect a lucrative revenue stream, a "class action" or series of "class actions" or a test case could go as far as the High Court.
Senior Counsel will be engaged to assist us run the action(s).
A war chest of significant proportions will be required to mount such a battle and so we have put measures in place to manage this situation if it arises.
Our suggestions:
We suggest that you:
1. Consider your annual demurrage expense;
2. Indicate by replying to this bulletin if you are interested in becoming a member of a group which would mount a test case or class action (or a series of class actions); and
3. Indicate the dollar value of the level of support you may be prepared to put into the war chest,
as unless there is sufficient funding, actions will be unable to proceed.
Please do not hesitate to contact me with any questions?
With best regards,
John Law
Solicitor and Director; Licensed Customs Broker
The Down Under Trade Group, for Justice, Trade & Customs
"Our Industry Experience, makes the difference"
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Phone: |
(02) 9873 1447 (International: 61 2 9873 1447) |
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Fax: |
(02) 9873 1264 (International: 61 2 9873 1264) |
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Mobile: |
0414 409 098 (International: 61 414 409 098) |
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Bennelong Legal
Central Coast Lawyers
Down Under Legal
Down Under Trade Group
mediating LATERAL Solutions -
Dispute Resolution without Litigation
