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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

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.

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?

Upcoming Seminars