What is a Maritime Lawyer? What They Do and How They Can Help
Unlike Jessica Watson, who successfully sailed solo around the world, navigating the complexities of maritime law isn’t a journey you should take alone. With so many regulations, local authorities, contracts, and marine-specific legal issues to consider, it’s important to know who you can turn to for advice—and that’s where maritime lawyers prove very helpful.
In this blog, we’ll break down what a maritime lawyer does, the kinds of matters they handle, and how they can help you when issues arise on or off the water.
What is Maritime Law?
Essentially, the purpose of maritime law is to regulate the rights and responsibilities of all parties involved in maritime activities and to ensure that these activities are safe, efficient, and environmentally sustainable.
What is a Maritime Lawyer?
Often referred to as admiralty lawyers, maritime lawyers are trained in understanding and applying the complex rules that govern state, national and international waters, as set out by bodies like the Australian Maritime Safety Authority (AMSA), Maritime Safety Queensland (MSQ) and other state marine regulators. They have a deep understanding of maritime law and provide legal representation to individuals and businesses involved in disputes relating to maritime activities and operations.
Key Responsibilities of Maritime Lawyers
Now that you’ve got the gist of what a maritime lawyer is, you may be wondering, what does a maritime lawyer actually do? What are their key roles and responsibilities? We’ll answer all this and more below.
Maritime lawyers handle a complex array of issues relating to maritime law and thereby have many different responsibilities, including:
- Legal Advice & Representation: Providing clear, practical legal advice and representing clients in negotiations, disputes, and regulatory matters when needed.
- Dispute Resolution: Assisting with the fair and efficient resolution of disputes in cases of contract breaches, accidents, and other maritime matters. Maritime lawyers help navigate these issues through either negotiation, mediation, arbitration, or court proceedings.
- Regulatory Compliance: Maritime lawyers help clients ensure that their operations comply with regulations set out by AMSA, MSQ, Foreign Maritime Administrations, and the International Maritime Organisation (IMO).
- Contract Drafting & Review: Drafting, reviewing, and negotiating contracts for vessel sales and other maritime operations to ensure they’re fair, compliant, and protect client interests.
- Environmental Protection & Marine Pollution: Advising on and litigating issues related to maritime environmental laws, helping clients navigate and comply with regulations to protect marine ecosystems.
- Due Diligence for Vessel Transactions: Maritime lawyers conduct detailed legal checks before a sale, purchase, or financing agreement proceeds.
The Role of Maritime Lawyers in Resolving Commercial & Recreational Disputes
With all of this in mind, you may be wondering how a maritime lawyer can help you as a marine operator/owner or recreational boat owner if you’re involved in a dispute. As we briefly addressed, maritime lawyers are incredibly adept at dispute resolution. They are particularly crucial in helping you navigate the complex landscape of the maritime industry. When disputes arise—whether that be over contracts, compliance, or insurance—maritime lawyers provide you with crucial support.
Maritime lawyers clarify complex maritime laws to help clients understand their rights and obligations and facilitate negotiations or other forms of peaceful dispute resolution to resolve conflicts amicably. If necessary, maritime lawyers also provide legal representation in court to defend their clients’ interests.
How Hastings Marine and Engineering Can Help You Navigate Legal Waters
Maybe you’re purchasing a vessel, commercial or recreational and are looking for somebody to conduct your contractual due diligence, we’re here to help.
At Hastings Marine and Engineering, we collaborate with O’Shea Lawyers to provide both litigation and transactional services across a broad range of maritime matters. From vessel purchases and compliance to marine insurance issues, we bring practical, local experience backed by trusted legal expertise to help you navigate every challenge on the water.