The door is not closed on container detention fee issues

The issue of container detention fees remains a real problem for freight forwarders, customs brokers and importers. It has certainly been the subject of many presentations and questions at CBFCA State Conventions and Member Forums as well as being discussed in a number of our E-alerts and updates. A large proportion of inquiries addressed to us relate to the enforceability (or otherwise) of container detention fees being charged by shipping companies or their Australian agents and the ability of those parties to take action against cargo to recover those fees.

Many of those subjected to such detention fees (and associated enforcement action) had hoped that the decision of the NSW Consumer Trader and Tenancy Tribunal ("CTTT") in DV Kelly Pty Ltd v China Shipping (Australia) Agency Co Pty Ltd would serve as the basis to cause shipping lines and their agents to review (and reduce) fees and associated enforcement action.