Nathan Leivesley – Building Accountability From the Inside Out

How did you start down this career path?

“I came to private practice by a different route than most. Before joining McCullough Robertson, I spent most of my career working within government agencies, aside from an early stint in family law. That gave me an inside perspective on how public institutions actually function; the pressures they face, the sensitivities involved in decision-making, and the real consequences when things go wrong. That experience shapes everything I do now.

I’ve always been drawn to the intersection of law and accountability. Employment law, and particularly the investigation of serious workplace misconduct, sits right at that intersection. When you’re dealing with a public interest disclosure, a corporate whistleblower complaint, or a complex governance failure, the stakes aren’t just legal. They can be institutional. Getting the handling of important moments like these wrong can cause lasting damage to organisations and individuals alike. I find that weight of responsibility genuinely motivating, not intimidating.”

What inspires you in your role/industry? Why?

“The complexity, honestly. Employment law, investigations, and governance work don’t resolve themselves neatly. You’re often dealing with contested facts, multiple overlapping legal frameworks, and clients who need clear answers quickly despite the landscape being anything but simple. That’s true whether the client is a government agency, a not-for-profit, or a growing private business.

I went back to study a Master of Laws at the University of Sydney to deepen that analytical foundation, and was fortunate enough to receive the Judge Perdriau Prize for ranking first in labour law. What that academic experience and learning from lecturers and colleagues at the cutting edge of practice reinforced, more than anything, is that the best legal advice anticipates the next problem rather than just the immediate one. When I’m working with a client on an investigation or a governance matter, I’m always thinking about what their frameworks, policies, and structures need to look like so the same issue doesn’t arise again.”

What’s your approach to client service that separates you from the rest?

“I think that my background and the wide variety of experiences I’ve had that comes with it really shapes how I engage with clients. Organisations dealing with sensitive investigations or governance challenges are often under real pressure; from boards, from regulators, from staff, and sometimes from public or media scrutiny. They need more than a pure legal answer; they need someone who understands what it actually means to make a difficult decision in that environment, and who can give frank advice about how to navigate it.

I try to be direct with clients, even when that may be uncomfortable. If there are risks they haven’t considered, I’ll raise them early, but tactfully and sensitively to the organisational context. My goal is to be genuinely useful as a trusted adviser, not someone who simply confirms what a client wants to hear.

That matters particularly for private companies, where the board and leadership team often have limited independent support around them when something serious arises. Having an adviser who can move quickly, understand the commercial context, and give clear guidance on both the legal obligations and the practical path forward is the difference between managing a difficult situation well and letting it become a larger problem.”

How do you innovate and stay ahead of industry trends?

“The employment and governance landscape moves quickly. Legislative changes, evolving community standards around workplace conduct, and a more active regulatory environment mean that what was acceptable practice a few years ago may now carry real legal and reputational risk. Staying ahead of those changes requires genuine investment in understanding not just the law as written, but how it is being applied and enforced.

Against this backdrop, you will often find me cruising through caselaw on a lunch break, making sure that I understand what is happening in decisions across jurisdictions and moderating my approach and thinking constantly to ensure my clients get the most up to date and context sensitive advice.

For me, innovation in this space is less about novelty and more about anticipating where the risk landscape is heading and translating legal developments into practical strategies for clients. That means identifying emerging patterns in decisions and regulatory activity early, and adjusting the way I advise so clients are prepared for the direction the law is moving, not just where it currently sits.

More broadly, I’ve become increasingly focused on incorporating the preventive side of governance into my advice work where clients are interested in this value add. Helping clients build stronger frameworks before something goes wrong is far more valuable than responding after the fact. The organisations that manage risk most effectively are those that have invested in strong governance structures ahead of a crisis; they’re then in a position to respond well, rather than forced to react without a plan.”

What is the toughest challenge you’ve faced in your role? How did you overcome it?

“The most difficult matters I’ve dealt with are complex investigations where the facts are genuinely contested and the people involved are facing serious consequences, whether that’s the subject of the investigation, a whistleblower, or the organisation itself. The challenge in those situations is maintaining rigour and procedural fairness under significant time and institutional pressure.

I’ve learned that the answer to that pressure is process. If the investigation plan is sound from the outset, the scope is clearly defined, the procedural fairness obligations are understood and followed, and the evidence is assessed consistently, then even in the most difficult matters you can reach a defensible conclusion. That sounds straightforward, but when the stakes are high and everyone wants a quick answer, holding the line on proper process takes real discipline. It’s something I’ve had to develop deliberately over time, and something I think clients genuinely value.”

What are some of your goals for the next five years?

“In terms of the work itself, I want to continue building my practice around investigations and governance. Those two things are more connected than they might appear – investigations reveal where governance has broken down, and good governance work reduces the likelihood of investigations being needed in the first place. I find that whole continuum genuinely interesting, and I’d like to be known as someone who can help organisations across it, not just at the crisis stage.

More broadly, I’m keen to take on greater responsibility in how this area of practice develops, both within McCullough Robertson and in the profession more broadly. I sit on the Law Society of NSW’s Professional Conduct Committee, which keeps me close to the ethical questions the profession is working through, and I sit on a board subcommittee of Consent Labs, a national not-for-profit delivering consent and respectful relationships education to young Australians. Those commitments matter to me because they connect directly to the culture and accountability questions I deal with in practice every day.

I’m also committed to continuing with my pro bono work. I volunteer fortnightly with the Kingsford Legal Centre, a community legal centre affiliated with UNSW that provides free legal advice to people in south-eastern Sydney, and was recognised as their most reliable volunteer solicitor in 2025.

Underneath all of it, I want to be known for doing this work well. Employment law work generally, and particularly investigations and governance reviews affect real people and real organisations, and the standard to which they are conducted matters. If I can contribute to raising that standard over the course of my career, that’s enough.”

Who is McCullough Robertson?

McCullough Robertson is a leading independent full-service Australian law firm, servicing national and international clients across every State and Territory in Australia.

For 100 years, major Australian and foreign owned corporations, financial institutions, governments, and high net worth individuals have entrusted us to support them through their most critical legal challenges.

We pride ourselves on building deep and enduring partnerships with our clients and take the time to really understand their business and what motivates them to succeed.

McCullough Robertson is proud to be recognised as one of Australia’s leading public sector employment relations advisory teams. Spanning all levels of Government in Australia, our experienced government lawyers support Commonwealth, State, and Local Government departments and public agencies across Australia. Our team combines deep technical knowledge with the understanding of all legal requirements of government departments and organisations.