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Expertise

Nathan is a partner in the national Transport 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 Best Lawyers in Australia for Transportation, Shipping and Maritime, International Arbitration and Trade 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

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.

07 August 2020 - Knowledge

The wait is over – the HVNL review Regulation Impact Statement

#Transport, Shipping & Logistics

We summarise the key improvement areas identified in the Consultation Regulation Impact Statement, which was issued following the National Transport Commission’s review of the Heavy Vehicle National Law.

26 May 2020 - Knowledge

COVID-19 and its impact on supply, shipping and logistics

#Transport, Shipping & Logistics, #COVID-19

The COVID-19 outbreak signifies an unanticipated and overwhelming event, that continues to have a significant impact on international and domestic trade and logistics. We take a look at a number of the ways in which supply, shipping and logistics contracts are likely to be affected by the virus and what steps businesses can take to respond during this critical period.

15 April 2020 - Knowledge

First Chain of Responsibility prosecution launched under the new Heavy Vehicle National Law

#Transport, Shipping & Logistics

The NHVR has launched its first prosecution under the revised HVNL against Godfrey Haulage and its Director, for alleged failure to meet the business’ obligations in relation to fatigue management.

08 April 2020 - Knowledge

Cruise industry strikes heavy weather

#Transport, Shipping & Logistics, #COVID-19

Even in these current extraordinary times, the speed with which the cruise industry has acquired pariah status is breathtaking. For the last few days, each headline has surpassed the last for hyperbole. The industry is cast as ‘murderous liars’, and scapegoated for many of the ills that the COVID-19 pandemic has wrought on Australian shores.

07 April 2020 - Knowledge

New animal welfare requirements imposed on sheep exports to the Middle East

#Transport, Shipping & Logistics

The Department of Agriculture, Water and the Environment has imposed new prohibitions and conditions for sheep exporters to manage the risk of heat stress during summer in the Northern Hemisphere.

25 March 2020 - Knowledge

Dangerous goods in the transport supply chain

#Transport, Shipping & Logistics

The transport of dangerous goods is regulated by a scheme that aligns with the safety concerns of the HVNL. At a national level, the standards applying to the safe transport of dangerous goods are set out in Australian Code for the Transport of Dangerous Goods by Road and Rail (ADG Code).

16 March 2020 - Knowledge

Big ticket issues for the Heavy Vehicle National Law review

#Transport, Shipping & Logistics

What are the ‘big ticket’ issues or prospective ‘shopping list’ for the National Transport Commission as part of the current review of the Heavy Vehicle National Law?

11 March 2020 - Knowledge

Can you insure Chain of Responsibility risk?

#Transport, Shipping & Logistics

We look at the availability and enforceability of insurance for penalties under the Heavy Vehicle National Law and a case that ended up costing a business more because it had insurance.

04 February 2020 - Knowledge

Blowing the whistle on cartel cases – plan before you sound the alarm

#Transport, Shipping & Logistics

Should you blow the whistle on cartel conduct? We take a look at the considerations and essential steps to take before blowing the whistle to ensure that you obtain protection from prosecution.

20 January 2020 - Knowledge

Facing prosecution under the Heavy Vehicle National Law

#Transport, Shipping & Logistics

It is important to remember that Chain of Responsibility prosecution is not just about punishing parties for failing to comply with their Heavy Vehicle National Law obligations, but also about educating parties on the right ways to manage their safety duties and responsibilities. In this article, we look at the steps in the CoR prosecution process so that you know what to expect in the event that you are investigated for a breach of the HVNL.

20 January 2020 - Knowledge

‘Corporatisation’ of the industry: Trucking is taking on operational aspects beloved of big business

#Transport, Shipping & Logistics

In my 15 years observing the transport industry, perhaps the biggest shift that I have noticed has been what I refer to as the increasing ‘corporatisation’ of the industry.

11 November 2019 - Knowledge

Chain of Responsibility laws – AU$3 million corporate governance and risk agenda item for 2020

#Transport, Shipping & Logistics

When considering safety, most businesses in the supply chain focus on the safety of their product, their people and their premises. Many such businesses don’t focus on the safety of their supply chains, considering that supply chain safety is the responsibility of their suppliers and/or independent transport contractors.

08 October 2019 - Knowledge

Director banned for Chain of Responsibility breach

#Transport, Shipping & Logistics

The case of R v Metropolitan Demolitions and Recycling Limited [2017] is a good example of what can happen to directors of companies that breach the Heavy Vehicle National Law (HVNL).

01 October 2019 - Knowledge

Are you a criminal? Executive liability under the Heavy Vehicle National Law

#Transport, Shipping & Logistics

For any business entity subject to any Chain of Responsibility safety duty, the executive for that business entity must ensure that the business is doing the right thing.