By Peter Nevile

Arriving in Samarinda, on the mighty Mahakam River, which in turn flows for some one thousand kilometres into the hinterland of Borneo, we came to our river boat, which was to be home for the next 5 days. It was freshly painted wooden boat of local design with a very large diesel engine. There was a captain, a deckhand a cook, and a guide.
Accommodation was the cabin you can see in the photo above, with the small outdoor porch in front. The cabin was about one point four metres high so it necessitated bending on entry.  Accommodation was a mattress on the floor. There was nothing else in the room apart from an air-conditioner, which, despite its rather dilapidated appearance, worked quite effectively. Outside on the porch, for want of a better word, there were several chairs, and it was quite pleasant sitting there with a breeze created by the movement of the boat. Borneo is very hot and humid. On the lower deck, there was a wheelhouse for the skipper with a steering wheel and some very basic controls, but a complete lack of instrumentation. To my surprise, it had navigation lights and a small hand-operated search light. On the lower deck the boat effectively had open sides with blinds that could be pulled down when it rained. There was a long table and an engine room with no door.  OHS and safety briefings are normally absent and this trip was no exception. Behind the engine room was the Galley and conveniently located but raised slightly and jutting out or suspended from the back of the boat, there was a toilet and shower. There was no hot water, not that the water was particularly cold, and the toilet like much of the sanitation along the river, conveniently emptied directly into the river. There was actually a ceramic toilet, not that it flushed, but with a big bucket and dipper nearby, it operated much like a squat toilet.
We were the only passengers, so it was effectively our boat. The first night we had dinner, washed down with several cold beers. The boat had no refrigeration, but there were several iceboxes. While the boat, in fairness, was not uncomfortable, it was certainly not a luxury tour. Nevertheless, the guide and crew were absolutely charming and helpful to a fault. Every meal contained rice, there were eggs, chicken, fish, bread and a variety of vegetables and fruit. I passed on the fish for reasons which will become apparent shortly.
In Borneo, the rivers are a principal means of transportation; as a result, the villages and houses are built along the riverside. Sometimes they jut out over the water, sometimes they sit on the bank with planks going down to the water. In almost every case, at the water’s edge, there are two logs in the water attached to the bank by ropes with small outhouses built on top of them. Inside several missing planks in the floor create convenient access into the river. providing immediate and effective waste disposal.  In many cases, conveniently located adjacent to the small outhouse, there is often a fish farm so that the cycle of life continues endlessly. That is followed by the outhouse for the next property, the fish farm, children washing in the river, women doing their daily washing, collecting water for the house, and so on. Having said that, the Mahakam River is extremely wide and obviously has a high volume of water, as there is no obvious smell one could well expect, nor evidence of the waste products… perhaps the fish are extremely hungry.
We stopped at a number of villages along the river.  it became very much like Joseph Conrad’s Heart of Darkness as we continued to travel into the interior. As one of our stops, we embarked on a motorised canoe, headed up to a branch of the river, and then emerged onto an enormous lake. In the middle, it was not possible to see the shores, although it did not appear to be particularly deep. We passed through several fishing villages, all situated on stilts, sitting in the water.
In almost every village, there was a very well-built Mosque maintained in excellent condition. In contrast to the rather rickety houses in general nearby. Having crossed the lake, we journeyed up a small creek and saw a snake up a tree, macaque monkeys, proboscis monkeys, water buffalo, and a variety of birds. The creeks are full of submerged and half-submerged trees and other objects, so the skill of our boatman navigating through the maze was quite extraordinary. We stopped when we heard that another boat preceding us had come to grief on one of the submerged logs. Returning to our boat, and doubtless, a cold beer, we proceeded further up the Mahakam to another adventure which I will relate in the next episode.
Back to the office.  Van Ngo, our very experienced property paralegal has been out of the office recuperating from a knee replacement. She has just started to take on some work at home to assist our property team who are under some pressure. We look forward to welcoming her back in January.  Having had a similar operation some years ago I would not recommend backing her at the Stawell gift!! It pains me to say we have not been taking on some property work from new clients as we have not had adequate resources to provide the service levels. Happily, with Van’s return, and Alice He starting that will shortly be rectified.
PPSR Personal Property Security Register. Despite this legislation having been in place since early in 2012 it appears that many businesses are still not aware of its application.  It turns the old concept of title to goods not passing until payment on its head. Now it is possible in some circumstances to lose ownership of your goods to a third party if your interest in those goods is not properly registered. For example, if you lease goods to another entity or individual, do not register your interest and a third party takes a charge over all the assets of a business then in the event of bankruptcy or insolvency the trustee or liquidator can claim ownership of those goods. The legislation has a wide coverage but does not apply to real estate. We are happy to discuss its application and effect with you.

Peter Nevile
December 25

 


Disclaimer: This publication contains comments of a general and introductory nature only and is provided as an information service. It is not intended to be relied upon as, nor is it a substitute for specific professional legal advice. You should always speak to us and obtain legal advice before taking any action relating to matters raised in this publication.