Andrew is a trusted and highly-regarded industry adviser to businesses, industry associations, other peak bodies and government, and regularly consults on legal and trade developments that affect Australian and international businesses. He is also a prolific media commentator.

He assists importers, exporters, licensed customs brokers, freight forwarders, shippers, marine insurers and trade financiers, and other industry parties with procedural and legal advice, including reviews and litigious matters. This advice is provided in Australia and overseas, where Andrew works with a network of colleagues at law firms across the world.

Andrew specialises in all areas of trade including international trade conventions, dispute resolution and arbitration, trade financing options, commodity and freight contracts. He represents his clients’ best interests during inquiries or prosecutions by government agencies, in matters involving dumping and alleged underpayments of customs duty, alleged breaches of licence conditions by service providers (such as licensed customs brokers) and any associated litigation.

Andrew is a member of the board of directors of the Export Council of Australia (ECA) and the Food and Beverage Importers of Australia (FBIA), and is regularly engaged in these capacities to advise the government agencies and peak industry bodies operating across Australian border control.

Significant experience

  • Judicial and administrative review of the actions of various government agencies including the Department of Home Affairs (HoHA) the Australian Border Force (ABF), the Department of Agriculture and Water Resources (DAWR), the Office of Transport Security (OTS), the Department of Export Controls, the Australian Taxation Office (ATO) and the Anti-Dumping Commission (ADC).
  • Representing a significant Australian manufacturer in a number of Administrative Appeals Tribunal (AAT) matters to oppose applications for Tariff Concession Orders (TCOs) by importers of competing products.
  • Representing significant Australian importers of bed linen in an AAT action to reinstate TCOs leading to a refund of customs duty and GST in excess of $70m.
  • Representing parties in AAT matters relating to valuation, tariff classification and TCOs.
  • Acting for Chinese manufacturers and exporters of chemicals to oppose allegations of dumping of its product in Australia.
  • Acting for a major Australian importer of Asian foodstuffs to oppose the application of anti-dumping measures, including a successful review of customs action to the Trade Measures Review Officer (TMRO).
  • Representing major Australian importers of aluminium road wheels to oppose allegations of dumping and subsidy of the products in Australia, including a successful review of the actions of customs before the TMRO and a subsequent successful Federal Court review of the actions of customs and the Minister for Home Affairs.
  • Representing Australian importers and Korean exporters of hot rolled coil steel to oppose allegations of dumping of the products in Australia.
  • Representing Australian importers of galvanised steel to oppose allegations of dumping and subsidy of the products in Australia.
  • Representing Chinese and Korean exporters of Power Transformers to oppose allegations of dumping of power transformers.
  • Representing major Australian importers of stainless steel and other steel shelving to oppose allegations of dumping and subsidy of the products in Australia.
  • Representing Australian importers of other goods of various types to oppose allegations of dumping and subsidy of the product in Australia.
  • Successfully repressing freight forwarders and licensed customs brokers in Litigation regarding provision of service.
  • Acting for a number of Australian companies to review tariff classifications adopted by customs and incorrect use of concessional items by customs, leading to a reduction of duty payable and a refund of past duty paid.
  • Acting for industry associations, importers and service providers to secure compensation for losses following the introduction of new customs IT systems and in response to incorrect actions by customs and other government agencies.
  • Representing industry during the introduction of new legislation including submissions to customs on new legislative and procedural changes, appearances before Senate Inquiries into implementing legislation, before the Productivity Commission review of Free Trade Agreements and before the Australian anti-dumping and subsidy regime (and the Brumby review of that regime).
  • Submissions to the Senate Inquiries on Trade Modernisation Legislation, legislation imposing strict and absolute liability (including for customs offences), new anti-dumping legislation, proposed Free Trade Agreements, proposed WTO Agreements and other customs reform.
  • Representing parties in investigations by other government agencies including defending prosecutions by those agencies.
  • Representing major Australian food manufacturers, exporters and other companies in trading in Australian and overseas including defending investigations by overseas governments and their agencies.
  • Advising freight forwarders and their insurers in relation to the recovery and return of 170 containers of potentially hazardous material from Vietnam and the safe disposal of that material in Australia.
  • Advising on regulatory and compliance issues including recent focus on licensing of service providers, cargo reporting issues and the customs aspects of Transfer Pricing Arrangements.
  • Advising on sanctions restrictions as to exports to Iran.
  • Advising on the export and import of controlled goods including securing all necessary approvals.
  • Advising a Biosecurity issue dealing with the DAWR including those associated with the import of prawns and the risks of other pests.
  • Extensive involvement in education to industry groups by industry associations including delivery of a number of presentations to the CBFCA (Customs Brokers and Forwarders Council of Australia) CPD program.

Qualifications

Bachelor of Arts,
University of Melbourne

Bachelor of Laws,
University of Melbourne

Memberships

Director, ECA with responsibility for the Trade Policy Committee

Chairperson of the Private Sector Group, National Committee on Trade Facilitation (NCTF)

Former Chair, International Law Committee, Law Institute of Victoria

Former member, Council of the Law Institute of Victoria

Deputy Chair, International Trade and Business Committee, International Law Section of the Law Council of Australia

ECA and FBIA Representative, NCTF as well as all advisory groups

ECA representative, Cargo Working Group (established by the OTS)

ECA representative, Customs/Treasury/ATO Consultative Working Group on Transfer Pricing

ECA representative, Advisory Committee to assist implementation of the Australian Trusted Trade Programme (established by the ABF)

FBIA representative, International Trade Remedies Forum (established by the ADC) and all sub-committees of the ITRF

Member, Victorian Advisory Committee of the CBFCA

Member, Management Committee of the FBIA

Former Member, Services Export Advisory Committee conducted by DIIRD within Victorian Government

Member, Advisory Committee, Australian Law Reform Commission’s former Reference on ‘Civil and Administrative Penalties’

Andrew works with