- Engage in technical preparation and bidding for contract awards.
- Prepare specifications and drafting of Port Services Contracts ahead of alignment with legal requirements and engagement of legal practitioners.
- Develop “Contracts of Sale” for mineral products in the global market.
- Develop “Contracts of Affreightment” for mineral products in the global market.
- Balance and harmonize “Contracts of Affreightment” back-2-back to “Contracts of Sale” for mineral products in the global market to avoid financial loss and litigation.
- Assist with advice in relation to port services costing and pricing in Port-2-Port, Business-2-Port and Services-2-Port settings.
Case study two - Iron ore mining project:
Assess client export needs at inception of an A$ 150M project and provide advice as to development strategy as well as participate in project control group.
Provide advice in relation to approvals, port access terminal interface arrangements and Government policy. Provide industry network introductions and intelligence to progress transport logistics and wider project arrangements.
Facilitate infrastructure and superstructure, plant and equipment deliberations and formulate service contract decisions with client as project evolves.
Services have included advice in relation to contracts of affreightment, project management, modal choices, liaison with transport infrastructure, superstructure and services providers as well as participation in the investment due diligence process.
Case study five - Engineering services and infrastructure provider:
Provided a complete analysis of superstructure and service requirements for a major engineering, infrastructure and services provider. The analysis examined a complete export supply chain for a solid bulk cargo from mine to export vessel loading. The full range of infrastructure, superstructure, plant, equipment and costs were considered. The examination surfaced current issues and inefficiencies in the supply chain, reviewed ownership and control of the various assets and services, identified key change and improvement opportunities and recommended improvements.
The service delivery and superstructure elements analyzed were; rail wagon loading at mine, rail transportation to port terminal, terminal unloading, conveying to stockpile, storage and re-handling, maintenance of the unloading and conveying system, reclaiming and out-loading, ship loading superstructure and operations as well as maintenance of the ship loading and conveying system.
A cost impact model, examining growth stages and concomitant export volumes and resource requirements, was developed which delivered gross profit, EBIT, EBITDA and ROR% outcomes against cost of Labour, power and plant and equipment variations with each modelled stage of export growth anticipated.
Conclusions in relation to contractual arrangements, operations and maintenance of the system, asset rationalization and asset ownership were drawn in order to contemplate improvement. Recommendations relating to maintenance services, operations and services, haulage services and rates, Government interface and support and a definitive strategic and commercial approach to the venture were made for client's consideration with a view to bidding for provision of services and superstructure maintenance/provision
Case study eight - Logistics and services options for container operator:
PALMS provides regional WA port and logistics advice to a prominent land and sea container and shipping services provider. Analysis has been related to port access - primarily port services, trade facilitation expectations, terms and pricing of services, productivity and service agreements generally.
Further engagement has been examination of the issues relating to comparative options over a range of regional ports providing a 'baseline' set of assumptions from which the client may consider various logistics, export and shipping options within their regional setting as well as their interface with international shipping 'strings'.
A 'baseline' Competitive Profile Matrix and general observations as to the relative merits of the options were provided with recommendations following examination of issues in relation to; environmental compliance, vessel suitability, stevedoring services, port access, sea distance, land distance, parallel existing options, customer service delivery, cost/price/commerciality, differential pricing, infrastructure and user group influence.
These works have positioned the client to maximize benefit within their own service and equipment realm as well as within that of their own 'first party' clients logistics service expectations.
Case study nine - expert advice to Commonwealth Government Regulator:
PALMS has provided 'subject matter expertise' by way of reports and participation in stakeholder engagement with a Commonwealth Government regulator in relation to port access and statutory compliance within a deregulated industry sector.
PALMS conducted a review of a previously audited outcome and provided due-diligence as well as expert opinion, supported by hands-on experience across all areas of the commercial and operational undertakings being considered. This 'positioned' the client to assess the voracity and the practicability of the recommendations of the audit which regarded port loading protocols and port access undertakings.
The subject matter is of sufficient standard to support precipitant regulatory action as well as be utilised as supporting documentation with the ACCC by the Commonwealth Government.
Case study fifteen – Port Services – “contestability and access” – port ownership options “public or private” – strategic options for client in relation to Regional Port:
Client dissonance with operations, commercial ethics and governance process at a major regional port. Provided advice in relation to port service options, set against the background of the (then) current situation, managing market power (leasing and licensing) and closing considerations in respect of wider services options. Provided background and advice as to Port Authority Policy Settings, present classification, drivers for change, options for change and various alternative ownership propositions with timeline and recommendations for change strategy
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-two – Stevedore License application advice:
Provide interface and support to client in relation to technical detail for Stevedore License application before engagement of Legal Advisors and transfer of the process into legal deliberation and dispute with Port Authority.
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-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 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.
CONTRACTS
Project and Logistics Management Strategies