Both-to-Blame Collision Clause: Essential 2025 Guide for Australian Businesses

When two ships collide, who pays for the damage? For Australian businesses involved in global trade, the answer isn’t as simple as it sounds. The Both-to-Blame Collision Clause (BTBCC) is a little-known but critical element of marine cargo insurance, and in 2025, with shifting shipping routes and tighter insurance regulations, understanding this clause is more important than ever.

What Is the Both-to-Blame Collision Clause?

The BTBCC is a provision found in many marine insurance policies and bills of lading. In essence, it covers the scenario where two vessels are both partially at fault for a collision. Under maritime law, if both ships are to blame, each shipowner must compensate the other for their respective share of the damages. However, cargo owners may also be held liable for a portion of the losses, even if their goods weren’t the cause of the accident.

Here’s how it typically plays out:

• Ship A and Ship B collide in Sydney Harbour. Investigators find both captains made errors.

• Ship A’s owner claims against Ship B, and vice versa. But both ships are carrying cargo owned by third parties.

• The Both-to-Blame Collision Clause allows shipowners to recover some of their losses from the cargo owners, proportionate to the degree of fault.

For Australian importers and exporters, this clause can mean unexpected financial exposure—unless your cargo insurance specifically addresses BTBCC risks.

Why the Clause Matters in 2025

In 2025, Australia’s shipping industry faces fresh challenges:

• More congested ports: With the Asia-Pacific supply chain still recalibrating post-pandemic, major ports like Melbourne and Brisbane are busier—and riskier—than ever.

• New insurance policy standards: The Australian Prudential Regulation Authority (APRA) has updated guidance for marine insurers, emphasising clearer disclosure around complex clauses like BTBCC.

• Environmental liability: Recent amendments to the Protection of the Sea (Civil Liability) Act mean pollution damage from collisions can trigger additional costs, sometimes covered (or excluded) under BTBCC wording.

For example, a 2024 incident involving a bulk carrier off the Western Australian coast led to a multi-party dispute where both captains were found partially responsible. Cargo owners were surprised to learn their insurance only partially covered their share of the damages, due to a restrictive BTBCC subclause.

How to Protect Your Business

Australian businesses shipping goods by sea should act now to ensure they’re not caught out by the Both-to-Blame Collision Clause. Here’s what to do:

• Review your marine cargo insurance: Check if your policy expressly covers BTBCC liabilities. If not, ask your insurer about an endorsement.

• Scrutinise bills of lading: Some shipping lines include BTBCC language that may increase your exposure. Negotiate terms or seek legal advice for high-value shipments.

• Understand international conventions: The Hague-Visby Rules and other maritime laws may affect how BTBCC applies, especially for cross-border shipments.

• Stay current on regulatory changes: APRA and the Australian Maritime Safety Authority continue to update compliance requirements for shipping risk in 2025.

It’s also wise to run regular risk assessments—especially if your supply chain relies on congested or high-traffic routes, where collisions are statistically more likely.

Real-World Example: Australian Exporter’s Wake-Up Call

In early 2025, a Queensland agricultural exporter suffered a significant loss when their container shipment was involved in a collision in the South China Sea. Both vessels were found to be at fault. The exporter’s insurer covered the direct cargo loss, but invoked a BTBCC exclusion for additional liability, leaving the exporter with an unexpected $180,000 bill. The lesson? BTBCC isn’t just legalese—it can have a direct impact on your bottom line.

Key Takeaways for 2025

• The Both-to-Blame Collision Clause is a critical factor in marine cargo insurance, especially for Australian businesses trading internationally.

• Regulatory updates and changing shipping conditions in 2025 make it more important than ever to review your coverage.

• Working proactively with your insurer and logistics partners can help you avoid costly surprises if a collision occurs.