Nathan’s practice focusses on defamation, reputational, brand and crisis management, professional indemnity, directors’ and officers’ liability, sports law, inquiries and inquests, strata disputes and migration agents indemnity. Nathan represents insurers across all lines of business and has significant experience in both coverage and defence work.

Work highlights

  • Coverage: Acted for an insurer in the Federal Court of Australia defending a claim for indemnity by a construction company, in respect of its contribution to a settlement of a $40m claim arising out of a collapse of a coal dump station on two separate occasions. Nathan succeeded at mediation in significantly reducing quantum claimed by emphasising prejudice caused to the insurer, including late notification and unauthorised settlement, and reasonableness of settlement. Further, on the basis of dual insurance and differential policy responses to the two separate incidents, he succeeded in his insurer contributing a lower proportion of the total quantum paid than the other insurer.
  • Professional indemnity: Acted for a software company in defending a copyright infringement claim. On the basis of well-prepared expert and lay evidence and a security for costs order in his client’s favour, Nathan succeeded at the mediation both in having the proceedings dismissed and having the other parties pay $100,000 of the insurer’s costs.
  • Defamation: Nathan has successfully obtained removal of defamatory content from all major platforms, including Google, Twitter and Facebook. Nathan represents insureds, publishers, corporate clients and high profile individuals in both the defence and prosecution of claims in defamation, injurious falsehood and misleading and deceptive conduct in media and reputation disputes, including obtaining judgment and indemnity costs for economist Peter Schiff against the Nine Network and Nick McKenzie, in relation to a defamatory 60 Minutes broadcast, which included obtaining seven judgments in Mr Schiff’s favour.
  • Inquests and inquiries: Nathan appeared in an ICAC public hearing for the CEO of a security camera company accused of corrupt conduct involving a contract with the Art Gallery of NSW, acted for a former RSL NSW president accused of corrupt conduct in an inquest under the Charities Act 2013, an Indigenous Corporation and art gallery in respect of an investigation commissioned by the National Gallery of Australia and numerous insureds in coronial inquests. Nathan has also defended Insureds, athletes and others in several disciplinary tribunals, including before Sport Integrity Australia, the World Anti-Doping Agency and the Migration Agents Registration Authority.
  • Directors and officers/class actions: Represented insurers in two class actions involving directors’ and officers’ liability for allegedly misleading product disclosure statements in agribusiness managed investment schemes, acted for directors of a private company in respect of a minority shareholder oppression action. Nathan also regularly acts as monitoring and coverage counsel for class actions, and in indemnity disputes, including claims arising out of the Banking Royal Commission and Westpac’s record $1.3B fine by AUSTRAC.
  • Liability: Acted for a State Owned Corporation in a matter concerning a bush fire which allegedly caused property and personal injury damage in excess of $3M. Nathan succeeded in having the Plaintiffs join two other parties and driving the matter towards mediation once they had been joined, strategically utilising the proportionate liability regime in New South Wales and achieving better than expected results on quantum and apportionment at mediation, by leading coordination of a joint position of the Defendants on quantum and framing the liability issues favourably in the pleadings and preceding coronial inquest.