The Shipping Lawyer

Alison Cusack

The Shipping Lawyer Podcast is here to make maritime law make sense. I’m a practicing shipping lawyer, and each episode breaks down the concepts, clauses, and commercial realities that shape this industry — from contracts and claims to charter partie and carriage. Whether you're new to shipping, building your confidence, or just need a refresher, you'll find clear, practical explanations you can actually use. Most episodes are short and focused — built to fit into your workday. And when something major hits the headlines, I’ll occasionally drop a special edition. Welcome aboard!

  1. MAR 17

    Season 3 - Episode 3 - Gulf Cargo Crisis (Part 2) - Crisis Management Is Not A Spectator Sport

    Gulf Cargo Crisis — Part 2:Crisis Management Is Not A Spectator Sport We are 18 days into the Gulf Cargo Crisis and the most expensive strategy in freight law is playing out in inboxes everywhere — sitting on it and hoping it resolves itself. In Part 2, Alison Cusack, The Shipping Lawyer breaks down what the situation actually looks like right now, what surcharges and end of voyage declarations really mean for your cargo, why force majeure is not a magic word, and what to do this week. Every freight problem is solveable. The variable is what it costs. FULL DESCRIPTION : Day 18 of the Gulf Cargo Crisis. Ships are not transiting the Strait of Hormuz. Seven vessel incidents. War risk insurers have pulled cover. Surcharges are landing. Force majeure is being declared. Part 1 was the alarm going off — the documents, the contracts, the legal frameworkbehind the crisis. Part 2 is what you actually do about it. In this episode, maritime and shipping lawyer Alison Cusack covers: →  Where the Gulf situation sits right now and what has changed since Part 1 →  Why the backstops you think are running in the background aren't automatic — and what that means for you →  Surcharges: the two questions inside 'do I have to pay this?' and the FMC and ACCC angle most people don't know to ask →  End of voyage: what that clause actuallysays, the D&D clock, DG cargo, reefer cargo, and what happens when your cargo is dumped at a port you didn't plan for →  Force majeure: why it is not a magic word, what happens when you pull the wrong lever, and why lawyers in the Middle East are begging people to stop →  The free 19-page freight issue guide — builtspecifically for this situation →  What to do this week — specific, actionable,no jargon Crisis management is not a spectator sport. Get in the game. Free freight issue guide: Start Here Free 15-min triage call: Book here This episode does not constitute legal advice. RESOURCES MENTIONED IN THIS EPISODE StartHere — free freight issue guide A 19-page decision tool for containerised cargo owners, freight forwarders, and charterers. Work through it, circle what applies, and arrive at a specific problem with a specific document list and a specific question. Download free: Free15-minute triage call with Alison Come with your problem statement. Leave knowing exactly what you're dealing with and what to do next. Book: Alison'sforce majeure article Loadstar Article Alison'sDaily News article on force majeure DCN Article Gulf Cargo Crisis — Part 1 (Season 3, Episode 2) Link to Episode 2 CONNECT WITH ALISON Email: alison@cusackandco.com.au LinkedIn newsletter: [LinkedIn link] Website: www.cusackandco.com.au WHAT TO DO THIS WEEK 1.  Know exactly where your cargo is right now — vessel name, current position, any schedule changes 2.  Pull your documents — Bill of Lading (master and house), marine insurance policy, sale contract, freight forwarder T&Cs 3.  Set up a shared folder — save every email, every notice, every correspondence. You will need receipts. 4.  Check your insurance covers the route the vessel is actually taking, not the original route 5.  If you have received a surcharge notice — do not pay it and do not ignore it. Respond in writing, reserve your position. 6.  If you have received a force majeure declaration — respond formally, ask for specifics, reserve your rights. 7.  If your cargo is at an intermediate port and end of voyage has been declared — call someone today. 8.  Work through the Start Here freight issue guide — it will tell you exactly what your problem is called and what to do next. This episode does not constitute legal advice. If yourmatter is urgent, contact Alison directly.

    23 min
  2. MAR 3

    Season 3 - Episode 2 - Gulf Cargo Crisis (Part 1)

    Gulf Cargo Crisis — Update 1: What Cargo Owners Need to Know Right Now The Gulf is in crisis. If you have cargo on the water, or you're a freight forwarder with clients who do, this episode is for you. Maritime and shipping lawyer Alison Cusack breaks down exactly what is happening in the Gulf right now, what it means for your cargo, and — critically — what you need to do this week before the window to act closes. In this episode: The geography of the crisis: why the Strait of Hormuz leaves zero alternative routes, and what that means for global supply chainsThe Baltimore bridge collapse playbook — and why the Gulf is the same movie with a higher budgetThe Master vs House Bill of Lading explained: why cargo owners who try to deal directly with the carrier often hit a wall, and how to navigate the chain correctlyThe Four Ds of a Gulf crisis: Detained, Delayed, Detoured, Denied — the risk profile of each oneThe surcharge wave that is already being prepared by carrier commercial teams, and how to know whether you can pass those costs onForce majeure: why it is not a get-out-of-jail-free card, and the back-to-back contract mismatch that is already causing problemsWhat to do if your cargo is already strandedPhase 1 action list covered in this episode:Master B/L · House B/L · Carrier T&Cs · Forwarder trading conditions · Marine insurance policy · Purchase contract · Downstream sale contract LINKS Issue 1 Companion Workbook (document inventory, force majeure matrix, surcharge checklist): Workbook 📩 Gulf Crisis Paid Newsletter Series — Issues covering contracts, the US picture from TPM Long Beach, and recovery options: ⚖️ Contract review and legal enquiries: alison@cusackandco.com.au 🌐 ITF Seafarers Welfare: itfseafarers.org🌐 Mission to Seafarers: missiontoseafarers.org 📰 Daily Cargo News op-ed — Gulf Crisis and Australian Cargo Owners: Link This episode is general information only and does not constitute legal advice. Please consult a solicitor for advice specific to your situation.

    47 min
  3. 12/22/2025

    Season 2 - Episode 11: MEPC / Net Zero Framework - Vote delay (with Declan Bush and Namrata Nadkarni)

    In this episode of The Shipping Lawyer, Alison Cusack is joined by Namrata Nadkarni (CEO, Intent Communications) andDeclan Bush (Senior Reporter at Lloyd's List Intelligence) and to unpack the IMO MEPC delayed vote, why it happened, and what it signals for the future of maritime regulation. We cut through the headlines to explain the process, politics, and practical impact of the delay, including those parts that may not have made headlines (and probably should!). Join us for a discussion behind the discussion. This episode was proudly sponsored by Cusack & Co Academy Disclaimer: The opinions of the guests are their own and not representative of their employers. Namrata's linksAmbassador Albon Ishoda Speech "A Just and Equitable Transition in the Shipping Industry" COP28https://www.youtube.com/watch?v=uTnig2vqul8 Declan's LinksDeclan's news story on the IMO delay: https://www.lloydslist.com/LL1155147/IMO-to-delay-Net-Zero-Framework-vote-for-one-year   Declan's story on the problem of ‘tacit’ v ‘explicit’ acceptance of Marpol amendments: https://www.lloydslist.com/LL1155120/US-tries-to-hobble-NZF-with-late-bid-to-change-acceptance-rules   NYT on US bullying at MEPC/ES.2: https://www.nytimes.com/2025/11/06/climate/trump-climate-international-bullying.html   Declan's podcast interview with Michael Liebreich on the cases for and against hydrogen-based e-fuels: https://www.lloydslist.com/LL1153323/Are-e-fuels-a-waste-of-time   Michael Liebreich’s presentation on why there won’t be a hydrogen economy more broadly: https://www.youtube.com/watch?v=w0Q9cuF8zKg   UCL Professor Tristan Smith on shipping decarbonisation and the IMO process to date: https://www.youtube.com/watch?v=HdUCidkeDto

    1h 4m
  4. 12/21/2025

    Season2 - Episode 10: Black Swans are dead, long live Black Swans!

    In this episode, Alison Cusack challenges the old idea of “black swan events” in shipping. Over the last five years, the industry has accumulated enough knowledge, data, and legal frameworks that very few risks are genuinely unforeseeable. Using three high-profile incidents — the Dali collision with Baltimore’s Francis Scott Key Bridge (2024), the Ever Given blockage of the Suez Canal (2021), and the One Apus container loss (2020) — Alison explores how law, contracts, and risk management have evolved. This episode isn’t about panic or chaos. It’s about professional standards, accountability, and adaptability. In 2025, calling something a “black swan” can no longer be an excuse for being underprepared. Learn why modern shipping law rewards curiosity, agility, and proactive risk management — and why organizations that fail to adjust are already behind. 🔑 Key Takeaways: Black swans are no longer a get-out-of-jail-free card: If you were surprised, it’s likely due to a lack of preparation or failure to adapt, not impossibility. Dali & Baltimore Bridge: Electrical and propulsion failures were known risks — unforgiving margins, not unforeseeable events, triggered a legal and operational test. Ever Given: Chokepoint disruptions were predictable; the real challenge is adapting contracts and operational assumptions to systemic risk. One Apus: Severe weather is a foreseeable risk. Proper stowage, routing, and insurance are essential — claiming surprise no longer holds. The death of plausible deniability: With incident reports, regulatory guidance, and post-mortems widely available, remaining unprepared is a choice. 🎯 Who Should Listen: Shipping lawyers, P&I and insurance professionals Shipowners, charterers, and operators Maritime risk managers and compliance teams Anyone interested in how legal frameworks shape modern shipping resilience 🔗 Resources & References: Dali collision & Baltimore Key Bridge investigations This episode was proudly brought to you by the Cusack & Co Academy

    18 min
  5. 12/20/2025

    Season 2 - Episode 9: Section 301 US / China Port Fees: Why the Pause Is Not the Point

    In this episode of The Shipping Lawyer, Alison Cusack unpacks the proposed Section 301 US / China-related port fees — what they are, how they came to be, and why the current 12-month pause should not be mistaken for a policy retreat. These are not ordinary port charges. They are trade measures, applied through maritime access, with the potential to reshape cost allocation, routing decisions, and contractual risk across global shipping. This episode explains what’s really going on beneath the headlines — and why now is the critical moment to prepare. What Section 301 is and how it has been extended beyond tariffs on goods into the shipping sector Why China-built vessels and fleet composition became the focus of the proposed port fees How and why the industry pushed back — and what that reaction tells us about supply chain fragility What the 12-month pause actually means (and what it doesn’t) Who is likely to bear the cost if and when the fees are introduced Why silence or outdated drafting in contracts creates real exposure How to use the pause to build agile, resilient contracts, including: port cost and charges clauses change-in-law triggers route and port flexibility hardship vs force majeure governing law and dispute strategy The pause is not a reprieve — it’s a drafting deadline.When shipping becomes a policy lever, contracts need to be built for political risk, not just operational risk. If you work in shipping, trade, logistics, insurance, or maritime law — this episode is about being ready before the switch is flipped back on. 🎧 Follow The Shipping Lawyer for practical analysis of maritime incidents, regulation, and the legal issues shaping global trade. This episode is proudly brought to you by the Cusack & Co Academy

    27 min
  6. 12/19/2025

    Season 2 - Episode 8: "Good Change" with Shevonne Joyce (Principal Consultant, electro: consulting)

    What does good change actually look like — especially in industries where risk, legacy systems, and “we’ve always done it this way” are part of the furniture? In this episode, I’m joined by Shevonne for a practical, human conversation about change management — not the glossy framework version, but the kind that shows up as a junk room, a messy inbox, or a box of decisions no one wants to open. We talk about why real progress often starts when you hand over your “box of shame” — the contracts, processes, incidents, or problems you’ve been avoiding — and let someone help you sort through it collaboratively. Not to judge. Not to blame. Just to make sense of what’s there and decide what actually needs to change. Whether change is being forced on you by a crisis, an incident, or regulatory pressure — or whether things are going fine, but could be working better — this episode explores how to approach improvement without burning everything down. We cover: Why change doesn’t have to be dramatic or painful to be effective The difference between reactive change after a disaster and proactive “good change” How legal, operational, and people-led perspectives can work together Why avoiding the mess usually costs more than facing it early How collaborative problem-solving creates safer, more resilient outcomes This is a conversation about trust, curiosity, and improvement — and why sometimes the smartest move is simply inviting the right people into the room to help you tidy up what’s been quietly weighing you down. Connect with Shevonne on LinkedIn or visit her website. Episode proudly brough to you by Cusack & Co Academy Remember to link, share and follow!

    58 min

About

The Shipping Lawyer Podcast is here to make maritime law make sense. I’m a practicing shipping lawyer, and each episode breaks down the concepts, clauses, and commercial realities that shape this industry — from contracts and claims to charter partie and carriage. Whether you're new to shipping, building your confidence, or just need a refresher, you'll find clear, practical explanations you can actually use. Most episodes are short and focused — built to fit into your workday. And when something major hits the headlines, I’ll occasionally drop a special edition. Welcome aboard!