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.
In this deep dive into the world of maritime law and international regulations, we explore the fascinating and often complex realm of shipping law, the International Maritime Organization (IMO), and the International Convention for the Safety of Life at Sea (SOLAS). We also tackle a rather unusual topic: the criminalization of life-saving efforts at sea, and look ahead to the eagerly awaited Titanic 2. Buckle up as we navigate these intriguing waters!
Welcome to Episode 2 where we talk about the impact of one iceberg on the international legal framework known as shipping and maritime law. The RMS Titantic was more impactful than a 20 year + debate over a door.
We discuss terminology and the industry's love of acronyms (e.g. SOLAS, COLREGS, MLC) and how public international law and private commercial law overlap and sometimes it matters (and sometimes it doesn't).
A shoutout to fellow podcasters Called to the Bar: International Law over Drinks hosted by Douglas Guilfoyle for all your public international law needs. (Also co-hosted by Dr Tamsin Phillipa Paige)
Strap on your life jackets and away we go!
Produced by: Janeway Communications
The pilot (pun intended) episode of the newest maritime and shipping podcast "The Shipping Lawyer" hosted by none other than... the Shipping Lawyer Alison Cusack.
An overview of the topics and guests yet to come as well as a brief bio of Alison's career to date.
Welcome aboard and safe sailing!
(Produced by Janeway Communications)
