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Expertise

Nathan is a partner in the national Transport, Shipping & Logistics group.

Nathan works closely with businesses in the shipping, logistics, road transport, commodities and offshore sectors, specialising in providing commercial and regulatory compliance advice and resolving disputes.

Nathan’s clients include local and foreign ship owners, operators and charterers; international P&I and Defence Clubs; freight forwarders and logistics providers; road transport operators; bunker suppliers; towage and salvage providers; offshore sector service providers; importers, exporters and manufacturers; commodities traders; stevedores; vessel manufacturers; local marine operators and luxury yacht owners.

Nathan has developed a reputation for providing commercially responsive and business-driven advice and assistance. He has been recognised as a leading ‘Admiralty, Shipping & Maritime Law’ lawyer by Doyle’s Guide since 2015 and listed in The Best Lawyers in Australia for Transportation Law, Shipping and Maritime Law, International Arbitration and Trade Law since 2016. Nathan is also ranked in the Shipping category of the latest Chambers Asia-Pacific guide and recognised as a national leader in the Australian shipping space by Who’s Who Legal.

Experience

Nathan has particular expertise in relation to commercial, regulatory and disputes issues relating to domestic and international transport and logistics.

Maritime transport

Nathan advises his clients in relation to all aspects of commercial law, liability, regulation and dispute resolution, with a particular focus on the carriage of goods by sea, charter parties and contractual arrangements, commercial terms, ship arrest and admiralty, regulatory and oil spill prosecution, government procurement and tendering in the maritime sector and litigation/arbitration in relation to liability defence and recovery of claims.

Road transport & Chain of Responsibility

Nathan has particular expertise in relation to heavy vehicle regulation and the Chain of Responsibility (CoR) laws. He regularly advises businesses and their executives on compliance, conducts compliance audits, assists businesses to develop and implement CoR compliance policies, manage incident response and respond to investigations and prosecution. Nathan has worked with businesses across the sector in relation to CoR compliance, including national steel manufacturers, grain storage and handling companies, plasterboard manufacturers and distributors, logistics companies, shipping companies and importers.

General

Nathan also works with businesses in all sectors in relation to their transport and logistics function, including in relation to service contract tendering, negotiation and drafting, contractor performance management, regulatory compliance and the resolution of disputes arising from the carriage of, damage to and delay in delivery of goods and consequential losses and project delays.

Competition & Consumer Law

Within the Transport Shipping & Logistics sectors and also more generally, Nathan regularly advises businesses in relation to competition and consumer law compliance. He provides advice in relation to drip-pricing and component pricing, credit card surcharges, general surcharges and misrepresentation, cartel and anti-competitive conduct, merger control, consumer law, misleading or deceptive conduct and ACCC investigations. 

Publications

20 October 2021 - Knowledge

Enforceable undertakings – NHVR’s new approach to contraventions of the Heavy Vehicle National Law

#Transport, Shipping & Logistics

The National Heavy Vehicle Regulator (NHVR) has decided not to prosecute a construction company because they made an undertaking to resolve its business practices to mitigate against the risk of future breaches of the Heavy Vehicle National Law.

20 October 2021 - Knowledge

Major changes proposed to NSW Modern Slavery Act

#Procurement

The Modern Slavery Act 2018 (NSW) now has a proposed commencement date and other impending amendments, courtesy of an amending bill introduced to NSW Parliament last week.

28 September 2021 - Knowledge

How technology can assist with HVNL compliance

#Transport, Shipping & Logistics

We discuss how alertness-monitoring technology, electronic work diaries, GPS, speed limiters and On-Board Mass systems can assist heavy vehicle operators and their drivers to comply with the Heavy Vehicle National Law.

22 September 2021 - Knowledge

Q&A with the NHVR Director: Compliance and enforcement advice

#Transport, Shipping & Logistics

In this special Q&A, the Director of Statutory Compliance at the National Heavy Vehicle Regulator explains their enforcement approach to breaches of the Heavy Vehicle National Law.

13 September 2021 - Knowledge

Can ship owners avoid limitations and exclusions contained in contracts for the supply of goods or services to their ship?

#Transport, Shipping & Logistics

A recent Federal Court decision discusses circumstances in which ship owners may be able to avoid limitation and exclusion of liability terms in contracts for the provision of goods and services to their ship.

13 September 2021 - Knowledge

Modern slavery risk in Australian international supply chains – are you managing your exposure?

#Transport, Shipping & Logistics, #Procurement

We discuss why it’s important your business complies with Australia’s modern slavery legislation and how you can manage your international supply chains to meet the required standards.

24 August 2021 - Knowledge

Mid-year CoR compliance check-in

#Transport, Shipping & Logistics

We revisit five key components of Chain of Responsibility (CoR) compliance that your business should be on top of in the remaining months of this year.

27 July 2021 - Knowledge

Look to the skies! Drones to monitor heavy vehicle compliance

#Transport, Shipping & Logistics

The National Heavy Vehicle Regulator will be using drones and other Automatic Number Plate Recognition camera technology to monitor for high-risk vehicles, operator or loads in a pilot project commencing this year. What will these drones be looking for and how can it benefit road users?

30 June 2021 - Knowledge

Changes to consumer guarantee thresholds and disclosure requirements – is your business ready?

#Competition & Consumer Law

The definition of a 'consumer' under the Australian Consumer Law has changed. We discuss what this means for businesses and identify ways you can ensure your business is compliant.

23 June 2021 - Knowledge

New Free Trade Agreement with the UK – what does it mean for Australian businesses?

#Corporate & Commercial Law, #Transport, Shipping & Logistics

Australia and the UK have just agreed on the core terms of an incredibly important Free Trade Agreement. What opportunities does this present for you and what do you need to do to capitalise on them?

25 May 2021 - Knowledge

How to get a better deal on transport costs? Collectively bargain alongside your competitors

#Transport, Shipping & Logistics, #Competition & Consumer Law

A group of competing freight brokers have cleared the way to collectively negotiate favourable terms with freight carriers. Are you missing out?

11 May 2021 - Knowledge

Misuse of market power – the first outcome for ‘likely effect’

#Competition & Consumer Law, #Transport, Shipping & Logistics

In the first finding of a contravention of section 46 of the Competition and Consumer Act 2010 since its significant amendments, we consider the significance of the consent orders agreed between Tasmanian Ports Corporation Pty Ltd and the ACCC which declared that the port operator had engaged in conduct that had the ‘likely effect’ of substantially lessening competition in the market.

27 April 2021 - Knowledge

The court’s power to appraise and sell arrested ships before final judgment

#Transport, Shipping & Logistics

An Australian court has flexed its power to appraise and sell arrested ships before final judgment. We look at the decision and the twist in the aftermath to draw some lessons for ship owners and their creditors.

19 April 2021 - Knowledge

Wallenius Wilhelmsen convicted of cartel conduct and fined AU$24 million

#Transport, Shipping & Logistics

The Federal Court of Australia has imposed a hefty penalty on Norwegian shipping company Wallenius Wilhelmsen for intentionally participating in a cartel with its competitors in the ocean shipping services business.

19 March 2021 - Knowledge

Should your business or industry consider producing a CoR Guide, as an alternative to a Registered Industry Code of Practice?

#Transport, Shipping & Logistics

We examine how a Chain of Responsibility compliance guide can help a business comply with their Heavy Vehicle National Law obligations, even if their industry does not have a Registered Industry Code of Practice.

10 March 2021 - Knowledge

Should your industry develop a Registered Industry Codes of Practice?

#Transport, Shipping & Logistics

We provide a refresher on Registered Industry Codes of Practice and outline how they can help Chain of Responsibility parties meet their Heavy Vehicle National Law obligations.

03 March 2021 - Knowledge

Chain of Responsibility: 2020 year in review

#Transport, Shipping & Logistics

We round-up some of the more significant Chain of Responsibility investigations, enforcement action and court cases of 2020.

23 February 2021 - Knowledge

New cybersecurity requirements for the transport sector

#Transport, Shipping & Logistics, #Data & Privacy

We discuss some of the Australian Government's proposed amendments to the Critical Infrastructure Act, including enhanced cybersecurity obligations for critical infrastructure assets of national significance and expanded application of the Act to the transport sector.