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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

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.

16 February 2021 - Knowledge

How to implement a safety management system that complies with your HVNL primary safety duty

#Transport, Shipping & Logistics

We define what a safety management system is and illustrate how it can assist your business in meeting its safety obligations under the Heavy Vehicle National Law.

10 February 2021 - Knowledge

Operators hit with prohibition orders

#Transport, Shipping & Logistics

The National Heavy Vehicle Regulator has issued prohibition notices to three companies following an investigation into their fatigue management or safety incidents. We look at the reasons for these notices and suggest the best approach in these situations.

02 February 2021 - Knowledge

Prohibition notices are back in the NVHR spotlight

#Transport, Shipping & Logistics

The National Heavy Vehicle Regulator has turned to prohibition notices as an alternative enforcement tool to combat dangerous transport activities. What do these notices entail and what can you do if you are issued with one?

15 December 2020 - Knowledge

Who bears the risk in a trade dispute?

#Transport, Shipping & Logistics, #Dispute Resolution & Litigation

A recent Supreme Court decision highlights how the selection of international trade terms can dramatically affect who bears trade and import risks – which was significantly at the expense of the Australian exporter in this case.

02 December 2020 - Knowledge

How to ‘win’ at Chain of Responsibility

#Transport, Shipping & Logistics

A company prosecuted for a severe overload incident has successfully saved themselves from a penalty because they had proactively implemented Heavy Vehicle National Law compliance practices before and at the time of the breach.

10 November 2020 - Knowledge

Will your ship be the next banned from Australia?

#Transport, Shipping & Logistics

This year, four ships have been banned from trading to Australia for breaches of the Maritime Labour Convention, for a cumulative total of 36 months. We take a look at what you should do to avoid a similar fate.

28 October 2020 - Knowledge

COVID-19 and its impact on manufacturing supply chains – force majeure?

#Transport, Shipping & Logistics, #COVID-19

We take a look at the force majeure framework likely to come into play as a result of the global supply chain disruption caused by COVID-19.

Upcoming Seminars