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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. 

Trade sanctions

Through his involvement in international transport, shipping, logistics and trade, Nathan has an in-depth understanding of global trade, investment and supply chains and resulting familiarity with the commercial circumstances in which consideration of trade sanctions (both UNSC and Australian autonomous sanctions) arise and may be breached.

Nathan works with global, regional and national businesses, advising them on the application of Australian sanctions to their current or proposed trading and investment activities, the development and implementation of sanctions compliance programs and how to respond to commercial requests that may give rise to sanctions concerns, such as requests for changes to global shipping documentation and place of origin details in international trade and transportation.

Nathan has also provided advice to foreign businesses which have traded in or to Australia in relation to the application of Australian sanctions to them, for use in their prospectus disclosure when seeking to list on foreign stock exchanges.

Publications

07 February 2023 - Knowledge

NHVR regulatory advice on mental health released

#Transport, Shipping & Logistics, #Workplace Relations & Safety

We provide a rundown of the regulator’s latest advice to help parties in the chain of responsibility manage and improve mental health and wellbeing in the workplace.

13 December 2022 - Knowledge

Company fined $3 million for failing to properly assess competence of driver

#Transport, Shipping & Logistics

The Supreme Court’s decision to fine a national waste company for failing to ensure the competency of its driver involved in a fatal incident has far-reaching implications for employers in the transport sector.

30 November 2022 - Knowledge

NHVR accepts $380,000 enforceable undertaking from power retailer to improve driver behaviour and safety

#Transport, Shipping & Logistics

The National Heavy Vehicle Regulator (NHVR) has accepted an enforceable undertaking from Origin Energy after it failed to respond to three notices requesting information on a driver who did not divert into a weighbridge.

22 November 2022 - Knowledge

Enforcement mechanisms under the HVNL

#Transport, Shipping & Logistics

The Heavy Vehicle National Law provides several enforcement mechanisms for the regulators to help ensure safety throughout the road transport supply chain.

14 November 2022 - Knowledge

What compliance reporting do Executives need?

#Transport, Shipping & Logistics

It is a requirement of the Heavy Vehicle National Law that Executives must continue to ensure their business is compliant with its safety duties, so what compliance reporting needs to occur for these standards to be met?

27 October 2022 - Knowledge

Maritime claim time bar almost leaves claimant in hot water

#Transport, Shipping & Logistics

A recent case reminds shipping sector participants of the cost of failing to take note of the relevant time limit applicable to your claim.

21 October 2022 - Knowledge

Ship operators successfully limit their liability to £100 per package

#Transport, Shipping & Logistics

We look at a recent Federal Court decision that allowed the owners and operator of a vessel to rely on its standard limitation of liability clause and limit its liability to a total of £300.

17 August 2022 - Knowledge

An overview of transporting dangerous goods by road

#Transport, Shipping & Logistics

We set out the relevant regulatory framework surrounding the transport of dangerous goods by road and discuss how this fits in with the Heavy Vehicle National Law and the obligations of parties in the Chain of Responsibility.

03 August 2022 - Knowledge

Regulatory advice for heavy vehicle operators and principal contractors in the construction industry

#Transport, Shipping & Logistics, #Construction, Infrastructure & Projects

We unpack the National Heavy Vehicle Regulator’s latest regulatory advices on managing the risks of heavy vehicle transport activities in the construction industry.

07 July 2022 - Knowledge

Protecting against fraud in trade finance

#Transport, Shipping & Logistics

In a Supreme Court decision handed down last month, a trade credit insurer was ordered to pay out a hefty insurance claim to a financier defrauded by an international customer.

05 July 2022 - Knowledge

Six things businesses need to know about Australia’s sanctions regime

#Transport, Shipping & Logistics, #Regulatory, #Procurement

We deep dive into Australia’s sanctions laws and highlight six things businesses need to know when doing business in or with Australia, including the expanding legal framework and penalties for breaching these laws.

29 June 2022 - Knowledge

How to implement a safety management system to help meet your HVNL obligations

#Transport, Shipping & Logistics

We explain how four components of a safety management system can help any business in the heavy vehicle supply chain meet their safety obligations under the Heavy Vehicle National Law (HVNL).

22 June 2022 - Knowledge

New regulatory advice – managing the risks of time slot bookings

#Transport, Shipping & Logistics

Time slot bookings are essential in the transport industry, they ensure that tasks can be managed effectively and efficiently. But how can you ensure that time slots don’t have unintended adverse safety consequences?

01 June 2022 - Knowledge

Fatigue and distraction detection technologies – are they effective?

#Transport, Shipping & Logistics

Key outcomes from the National Heavy Vehicle Regulator’s fatigue monitoring trial tell us why fatigue and distraction detection technologies are effective and should be used by the heavy vehicle industry.

24 May 2022 - Knowledge

Contractor compliance: Your business and managing third-party risk

#Transport, Shipping & Logistics

The Heavy Vehicle National Law is currently under review and parties in the Chain of Responsibility are questioning the extent to which they are responsible for their contractors’ compliance.

17 May 2022 - Knowledge

Managing the risks of employees impaired by alcohol and other drugs

#Transport, Shipping & Logistics

The National Heavy Vehicle Regulator has issued new regulatory advice to assist heavy vehicle operators and other parties in the Chain of Responsibility manage risks associated with alcohol and drug use impairment in the workplace.

26 April 2022 - Knowledge

Executive reporting an essential pillar of CoR compliance

#Transport, Shipping & Logistics

Executive reporting is one of five business practices that the Heavy Vehicle National Law deems mandatory for all businesses to implement, ensuring compliance and standards are met in the Chain of Responsibility.

20 April 2022 - Knowledge

2021: The year the enforceable undertaking came of age

#Transport, Shipping & Logistics

An increase in enforceable undertakings being accepted by the National Heavy Vehicle Regulator demonstrates a shift in their approach to enforcements and penalties for offenders.