Australia's transport and logistics industry is experiencing unprecedented growth and change.
In aviation, international air services agreements are being liberalised, new security and liability regimes have been introduced and increasing demands are being placed on airlines from the two major aviation regulators, Airservices Australia and the Civil Aviation Safety Authority - all against a backdrop of a challenging outlook for domestic and international aviation.
Likewise ports, rail and road providers and users are experiencing challenges linked to infrastructure constraints. Lack of national investment in infrastructure, particularly in the rail and ports sectors, has created worsening congestion and major bottle necks occurring across the country.
The national Clayton Utz transport and logistics team has worked extensively throughout the aviation, logistics, ports, road, rail, shipping, stevedoring and bulk handling sectors, both in Australia and internationally, for leading providers and users of transport and logistics services. Our experience and depth of coverage stand us apart from our competitors.
Across the board, Transport and Logistics providers and users are also facing increasing demands to address the climate change impacts of their emissions. We are well placed to partner with clients to fulfil the reporting obligations required under the Commonwealth's emissions trading scheme. We can guide clients through the complexities to minimise business impacts.
Our experience not only includes acting on a range of day-to-day operational and regulatory issues but also extends to acting on several of Australia's highest-profile transport projects, including acting on the largest transport and logistics corporate demerger in Australian history.
We advise clients on issues such as:
- the Commonwealth's announced carbon pollution reduction scheme;
- "chain of responsibility" legislation and due diligence defences;
- third party access to critical infrastructure, including strategic use of Part IIIA of the Trade Practices Act;
- liability and risk management tools, including penalty and bonus structures and delay and demurrage;
- all aspects of equipment and asset financing, including cross-border leasing;
- all aspects of related areas of law and regulation such as competition/antitrust, workplace relations, environmental, insurance and real property; and
- navigating the complex landscape of highly regulated assets where regulatory and commercial issues intersect.