Division of Bar Roll:
Victorian Practising Counsel
Previous Occupation:
Senior Associate / Associate at Baker & McKenzie Melbourne, 1999-2007
Accepts briefs from in-house counsel Profile:
Ben Murphy practises in commercial law and appears in all jurisdictions in the Commonwealth of Australia.
Ben has over 20 years' experience representing clients involved in a variety of disputes (interlocutory, trial and appeal) concerning: contract law; corporations law; property law; building, construction and infrastructure disputes; the Australian Consumer Law; equity and trust law; and family law property disputes.
Ben also conducts mediations and as required is able to do so via all required online applications.
Some of Ben's cases are set out below:
Commercial
- Shareholder disputes, including oppression claims under the Corporations Act 2001 (Cth).
- Applications made pursuant to the Corporations Act namely, applying to set aside statutory demands, unfair preference claims and applying to reinstate the registration of corporations.
- Proceedings against directors for breach of directors’ duties.
- Disputes concerning the sale of businesses.
Property
- K7 Developments Pty Ltd v Abbotsford Estates Pty Ltd [2021] VSC 422: Breach of contract of sale of land – Specific performance sought by purchaser – Construction of contract.
- Janney & Ors v Steller Works Pty Ltd [2017] VSC 363: an application for an injunction to restrain the use of a crane
- Ausbal Pty Ltd v Grandsea Holdings Pty Ltd [2014] VSC 625: a proceeding concerning easement rights over a carriageway.
- Grant v Preece [2012] VSC 55: an application to modify or discharge a restrictive covenant.
- Freilich v Wharton [2013] VSC 533: an application to modify restrictive covenant.
- Chapman v Plenty Views Pty Ltd [2009] VCC 1271: an action in nuisance seeking permanent injunctions to stop the entry of golf balls onto private land.
Administrative Law
- Applications for an orders in the nature of certiorari to quash the determinations of adjudicators under the Building and Construction Industry Security of Payment legislation.
- Matthews v ASIC and Newmont Australia Ltd (2010) 118 ALD 23: freedom of Information application regarding documents produced to ASIC.
- Christ Church Grammar School v Bosnich & Anor [2010] VSC 476: appeal from the VCAT regarding VCAT’s powers under the Fair Trading Act 1999.
- Huynh v Pettis [2012] VSC 368: responding to application for certiorari.
- Modern Tools v Automaint Solutions [2011] VSC 400: appeal from the VCAT regarding procedural fairness.
Arbitration and Expert Determination
- Dispute concerning the Mechanical and Electrical subcontract for the Melbourne EastLink road and tunnel infrastructure project.
- Dispute concerning the transportation of coal seam gas mining rigs.
- Dispute concerning the construction of a coal seam gas pipeline.
- Dispute concerning the sale of iron ore.
- Dispute concerning the closure of a zinc mine.
- Dispute concerning the redevelopment of a heritage listed building.
- Dispute regarding the payment of licensing fees for use of patented designs in the manufacture of equipment for sale in Australia and the USA.
- Dispute concerning the design and manufacture of water purification hardware and software.
Victorian Bar | Committee Memberships
- Member of the Victorian Bar Council
- Director of Barristers' Chambers Limited
- Director of The Essoign Club
- Member of the Counsel Committee
- Member of the Audit, Finance and Risk Committee
- Member of the List Committee (Foley's List)
- Member of the Commercial Bar Association of Victoria
Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk
have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.