Case study four - Port services comparisons:
This project positioned the client to be able to justify, in commercial/operational/risk management terms, why certain port services should remain within its remit [whether contracted of provided in-house] subsequent to a major port expansion and development of an adjunct port precinct.
Baseline costs were established and then compared with other applications - to scale and to scope - across Australia to examine ownership, controls and commerciality in relation to twelve core port functions/services. The areas examined were Harbormaster, navigation aids, hydrographic services, pilotage, metocean, under-keel clearance, pilot transfers, towage, vessel traffic and scheduling, mooring, maritime security and emergency response.
Five instructive and commercially supported recommendations were able to be made in relation to stakeholder [port user] management, lead times for services and equipment, "business rules", industrial relations and justification of 'ownership' or control of the process.
Case study six - Contracts and tenders, preparation and bidding:
PALMS provided an examination of a prospective bid for superstructure maintenance and operation within a Western Australian port in late 2009 and opined that the risk was excessive and that pursuing the opportunity would not be of value. This resulted in the client withdrawing from the process and focusing resources elsewhere.
PALMS has provided support, within its niche areas of expertise, to bids for maintenance structures and services to shipping generally as well as services within an "alliance" contract arrangement. Services included assisting with tender document preparation and developing summaries of benefit and identifying 'value adds' for the client ahead of bidding.
Case study fourteen – Comparative port capability and stevedoring services:
Developed competitive Profile Matrix (first-stage) for an operator examining the complex elements of choice between three ports for export services. The works focused on twelve ‘key mission-critical’ elements that set the ports apart competitively and related them for the client to assess individually and holistically to interface with their own supply chain decisions.
Case study twenty – Third party terminal access – Mobile plant and equipment deployment, inducement and access terms:
Engage with major grain exporting entity to facilitate access to latent berth infrastructure capacity by way of deploying mobile harbor cranes on their berth apron. Establish benefits for both parties and commence process of establishing Heads-of-Agreement Terms, access arrangements to deliverer final Deeds and services provision arrangements for operations Works continued to establish operational parameters in relation to physical accommodation of the equipment with respect to deck loading and working tolerances as well as operations establishment.
Case study twenty-three – Contract of Sale for Iron Ore:
Develop “best-practice” Contract of Sale for iron ore in collaboration with PALMS industry associates/peers eschewing customary “free-on-board” terms historically utilised in that trade sector. Attend negotiations, assist/facilitate final drafting in China and secure execution of the contract; valued circa A$10B.
Case study twenty-four - Contract of Affreightment for Iron Ore:
Develop “best-practice” Contract of Affreightment for iron ore in collaboration with PALMS industry associates/peers effecting cost-and-freight terms, harmonizes with the Contract of Sale to avoid dispute. Attend negotiations, assist/facilitate final drafting in Australia with client enabling them to secure execution of the Contract of Sale referred to in case study twenty-three.
Case study thirty – Solid Bulk Solutions over environmentally sensitive port setting:
Provide initial advice in relation to the prospects of resumption of solid bilk mineral concentrates exports. Develop initial “fit-for-purpose” options with general observations to be socialized with regulators and port managers as well as observations and conclusions. Followed up with document setting out broad options ahead of formal scoping study referred to in case study thirty-one.
Case study thirty-three – Expert legal opinion:
Provide subject matter expert advice to legal firm pursuing damages in relation to port access, port/terminal capacity representations, demurrage and wider damages claims. Advice set against the background of Quality Port Management, supply chain management, port and terminal management and scheduling processes.
Case study thirty-five – Refrigerated Container Specialist WA – dispute with capital city Port Authority – Lease Renewal Process:
Provide Port subject matter expert and expert legal advice interfaces for strategic, governance, contractual advice in relation to Port Authority obligations and processes relating to enforcement of terms during lease renewal process. Incorporate legal interfaces to attend consumer and competition, administrative and contractual law matters. Strategize, in concert with client’s Board, exit from the Port Authority precinct and ongoing attention to compensation for surrendered assets as well as damages. Attend Government and ministerial interfaces as well as representations to ACCC, CCC, OAG and WA Ombudsman.
Case study thirty-six – Port Precinct “sitting tenant” WA – contractual and legal challenges with capital city Port Authority:
Matter of enforcement of Lease Agreement terms which were ultra-vires with both the Agreements and the Port Authority enabling legislation. Provide Port subject matter expert and expert legal advice interfaces for strategic, governance, contractual advice in relation to Lessee rights and responsibilities and the Port Authority obligations and processes relating to enforcement of terms during enforced lease terms period.
Case study thirty-eight – Design of fit-for-purpose Light Sweet Crude oil barges of 13KT DWT for deployment in WA Northwest to Papua Ports range:
Develop concept design then on pass to Nanjing (Jiangsu, China) based ship design company and provide Class Society and Port interfaces for development of barge design. Barges designed to facilitate frequent grounding with “strength bottom” capability as well as ballasting, unique mooring systems and deployment on one-month round voyage, Foreign Going deployment terms. Address matters of contractual engagement between PALMS principal clients and the Design Company in addition of the vessel specifications, makers list and design parameters themselves.
Case study thirty-nine – Construction of fit-for-purpose Light Sweet Crude oil barges of 13KT DWT in Rugao City shipyard, Jiangsu, China:
Research, engage and select – from a total of eighty - suitable shipyard/s with credentials, competence and capacity to deliver specialist barges. Attend discussions with shipyard executive and interface of principal client. Insect shipyard and discuss stages of construction from contractual milestone, commercial payment parameters, operational construction, completion, warranties, guarantees and delivery perspectives.
Case study forty – Towage assessment and selection of towage provider and vessels for deep sea foreign going deployment:
Research, engage and select – from a total of six – suitable providers, the most economical and reliable towage provider source. Inspect vessels and report, interface operations into the towage element of the round-voyage planning, commence TOWCON negotiations, development of specialist operational plans (including Bollard Pull versus power and environmental factors assessments), assessment of Class and Flag State requirements for the venture. Address matters of commercial interface such as charter rates, consumption, port costs, towage risks and governance implications for operators.
Case study forty-one – Port Authority – Licence to Operate – Southern WA Port:
Resolve, through advice and interface with legislation, governance, commercial and operational advice, client dissonance (legislative, legal and functional) with commercial agreements relating to port access and operational licensing.
Case study forty-two – Iron Ore Junior – Deceptive and Misleading conduct representations resolution:
Assist Company MD’s legal and commercial team to address Plaintiff’s actions in relation to alleged deceptive and misleading representations. Systematically unpack historical issues relevant to the case to position those responsible for prosecuting the defense to succeed; expediently and affordably.
Project and Logistics Management Strategies