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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 one of Australia’s leading industry experts in the Transport sector, having been listed as one of the ‘Leading Australian Shipping Lawyers’ in Doyle’s Guide of Leading Lawyers since 2015 and ‘Australia’s Best Lawyers’ in the AFR Best Lawyers in Australia guide in the areas of Transportation, Shipping & Maritime, Trade and International Arbitration since 2016.

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 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.

06 August 2019 - Knowledge

Shipping line fined $34.5 million for criminal cartel conduct

#Transport, Shipping & Logistics

The Federal Court has ordered Japanese shipping company, Kawasaki Kisen Kaisha Ltd, to pay a fine of $35.5 million for criminal cartel conduct.

15 July 2019 - Knowledge

Ongoing National Heavy Vehicle Regulator investigations target executives

#Transport, Shipping & Logistics

The National Heavy Vehicle Regulator has issued a warning to supply chain executives that they will be targeted in test cases under the amended Heavy Vehicle National Law.

04 June 2019 - Knowledge

Executive reporting obligations under the Chain of Responsibility

#Transport, Shipping & Logistics

Under the amendments made to the Heavy Vehicle National Law in October last year, you must have certain business practices in place to ensure the safety of your transport activities.

27 May 2019 - Knowledge

Clarity on contractor management under the Chain of Responsibility

#Transport, Shipping & Logistics

Response to national regulator’s intervention highlights continuing uncertainty

27 May 2019 - Knowledge

Freezing Australian assets as security for foreign proceedings

#Transport, Shipping & Logistics

The business of transport, shipping and logistics is global, meaning that liability, loss and damage can arise anywhere in the world. Enforcement of claims however, is a different story.

02 May 2019 - Knowledge

Opportunities in 2019: Australian business acquisitions and equity investments

#Transport, Shipping & Logistics

It appears to be another great year for overseas investment in Australian businesses. We are continuing to see a lot of overseas investor activity here, including in the transport, shipping and logistics sectors.

01 April 2019 - Knowledge

Are you responsible for non-compliance by third parties?

#Transport, Shipping & Logistics

If you engage someone else to do something or if you aren’t primarily responsible for doing something which is done by another person, you expect them to be responsible if something goes wrong.

12 February 2019 - Knowledge

Friend or foe? The regulator's approach to compliance and enforcement

#Transport, Shipping & Logistics

In November 2018, the NHVR launched the National Compliance and Enforcement Policy (NCEP). The NCEP details the NHVR’s policy and approach to compliance and enforcement of the Heavy Vehicle National Law (HVNL), including what kind of enforcement or sanction actions will be undertaken by the NHVR in response to non-compliance in certain circumstances.

05 February 2019 - Knowledge

The law of salvage: Case tackles unique area of maritime law

#Transport, Shipping & Logistics

There is a long established principle in maritime law whereby a person who helps recover another person’s ship or cargo in peril at sea is entitled to be rewarded for their good deed.

04 February 2019 - Knowledge

One code to rule them all and in compliance bind them

#Transport, Shipping & Logistics

The Industry Master Code of Practice was officially launched late last year.

15 January 2019 - Knowledge

Load restraint – it’s what’s inside that counts

#Transport, Shipping & Logistics

The Chain of Responsibility laws require that any goods loaded on a heavy vehicle are properly restrained. For any goods not properly restrained, any person concerned with the packing, loading, securing or carriage of the goods can expect to be held liable under the Heavy Vehicle National Law.

19 November 2018 - Knowledge

Transport surcharges – everything you need to know

#Transport, Shipping & Logistics

The hottest - and most controversial topic - in the transport and logistics sectors in 2018 has been surcharges. And this is set to continue into 2019.

13 November 2018 - Knowledge

Fatigue – more than just work and rest hours?

#Transport, Shipping & Logistics

The Heavy Vehicle National Law (HVNL) imposes a series of prescriptive work and rest hour limits designed to ensure that heavy vehicle drivers are not adversely affected by fatigue. In addition, the HVNL prevents parties in the chain from requiring or rewarding drivers to drive in breach of their work and rest hours.