Kendall Messer

Senior Associate

Qualifications: LLM, LLB, BSC

Industries

Practices

Kendall is a skilled lawyer with broad experience across the maritime and insurance sectors with specialised knowledge of shipping and transport law gained by undertaking a masters in maritime law at the University of Oslo and subsequent practice in Australia.

She has experience with the admiralty jurisdiction and has been involved with multiple ship arrests and judicial sales, and providing advice on vessel arrest, maritime liens, and ship registration.

Kendall has acted for both claimant and insurer in litigated claims in the QLD, NSW, WA and Federal Court jurisdictions. Such litigation involved cargo claims, vessel collisions (both pleasurecraft and commercial), professional indemnity claims, work, health and safety investigations, and marine pollution prosecutions.

Kendall has acted for both claimant and insurer in relation to contentious claims involving litigation in a range of Australian jurisdictions. She also has experience with the admiralty jurisdiction in Australia providing advice on vessel arrest, maritime liens, and ship registration.

Kendall has experience providing advice on commercial marine contracts, and cover according to the Marine Insurance Act 1909 and Insurance Contracts Act 1984.

Experience

  • Involved in the arrest and judicial sale of vessels in accordance with the Admiralty Act 1988 (Cth).
  • Drafting and reviewing contract terms and conditions for marine undertakings including charter parties.
  • Advising in relation to cargo claims both claims for insurance cover, and in defence of claims brought by cargo interests.
  • Involved in defending prosecutions for marine pollution offences.
  • Acting for vessel owners, charterers, and insurers in relation to vessel collisions.
  • Involved in complex, multi-party litigation related to professional indemnity and construction claims.

 

Awards and recognition

The Legal 500 Asia Pacific 2023
Recommended – Transport: shipping

Professional Membership

  • Secretary of the Women’s International Shipping & Trading Association, Australia (WISTA)
  • Member of the Maritime Law Association of Australia and New Zealand (MLAANZ)

Latest thinking

Insurance | 22 Nov 2023

Anchors away! Court finds against INXS guitarist in liability fight

The New South Wales Court of Appeal has held that a boat hire company was not liable in negligence to Mr Tim Farriss, a guitarist and founder member of INXS.