HEAVY VEHICLE TRANSPORT

James has accumulated significant experience in legal issues relating to trucking.

These include:

  • Successful appearance at trial for Linfox in Sydney District Court of NSW in a truck accident claim;

  • Truck collision matter for Linfox in the Federal Court of Tasmania;

  • Wide load truck collision suit against the police for failing to provide proper escort services;

  • Defence of trucking company in an EPA prosecution for fuel spillages;

  • Defence of trucking company for non-compliance with the National Heavy Vehicle Accreditation Scheme (“NHVAS”) and associated mass requirement regulations in NSW.

  • His most recent appearances in 2015 were in NSW Nolan v Sims Group Australia Holdings Limited; Nolan v Delta Pty Limited [2015] NSWSC 1424 (6 October 2015)

  • And in the Magistrates Court of Victoria also for Delta group.

He has appeared for:

  • Scotts Transport (EPA prosecution);

  • Delta Transport (mass breaches);

  • Fred’s Interstate Transport (mass breaches);

  • Appeared on a plea for two truck drivers regarding careless driving involving the death of a motor-cyclist.

All these cases have involved consideration of complex technical evidence and issues particular to the trucking industry. The NHVAS is an important emerging area as the industry becomes highly regulated and chain of responsibility provisions impose liability on operators regardless of their blameworthiness.

James has also successfully brought injunctions against the Victorian Taxi Directorate and appears generally in vehicle collision matters at all Court levels.

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