Ben has a broad practice including several diverse areas at both trial and appellate level. His main areas of practice cover tort, criminal, administrative
and sports law.
Ben has particular expertise in managing long and complex litigation and significant inquests and inquiries.
Tort and Professional Negligence
- Ben regularly acts for clients in personal injury and other tort claims, in the County Court and the Supreme Court (Major Torts List).
His experience covers matters involving alleged medical negligence as well as novel tort claims including those for pure economic loss and cases involving
interplay between the common law and the Charter of Human Rights and Responsibilities Act 2006.
- Many of his cases have involved complex issues surrounding duty of care and the application of the Limitation of Actions Act 1958.
He is experienced in matters involving personal injury (including psychiatric/psychological injury and physical injury) matters alleging property damage
and interference with proprietary and economic rights. He has particular interest in medico-legal matters.
- Ben acts for both prosecution and defence, usually in matters involving some level of legal or factual complexity.
- He has appeared in high-level drug trafficking, terrorism-related and complex fraud matters and in criminal test cases.
He has also acted in regulatory prosecutions, including white-collar crime, alleged breaches of regulatory codes and in criminal proceedings related
to the collapse of companies (including publicly-listed).
- He regularly acts in jury trials and in appeals (Court of Appeal). He also accepts brief to appear in the Magistrates (or Local) Court.
Administrative and Regulatory Law
Ben's administrative law experience covers judicial and merits review proceedings in superior courts, the Victorian Civil and Administrative Tribunal
(VCAT) and before Boards of Inquiry.
- He has experience in Ombudsmen's investigations (including the Financial Services Ombudsman).
Professional Disciplinary Matters: He regularly appears for medical and other health professionals in prosecutions and disciplinary proceedings
commenced by the Australian Health Professions Regulation Authority (AHPRA), and has appeared in such matters before professional boards, in Courts
and in VCAT.
- He has also acted on behalf of responsible health professional boards.
Ben regularly appears for professional and amateur athletes (including Commonwealth Games and Olympic athletes) and sporting associations in domestic
tribunals and the international Court of Arbitration for Sports (CAS).
He has represented football players as well as acting for the Australian Sports Anti-Doping Authority (ASADA) in the AFL Anti-Doping Tribunal and Court
of Arbitration for Sport. Ben is counsel for the Essendon Football Club Players in relation to the ASADA investigation into that Club's supplements
program in 2012.
- He is also experienced in matters involving selection disputes and disciplinary (on and off-field) matters.
- He holds an appoitnment with Cricket Australia as Counsel Assisting its Code of Conduct Commission.
- From time-to-time Ben sits as disciplinary tribunal member (including as Chairperson) in sports-related disputes.
Ben is a member of both the Australian and New Zealand Sports Law Association (ANZSLA) and the Sports Lawyers' Association (of America)
- In 2016 Ben was interntaionally recognised in areas of Sports and Entertainment law in Who's Who Legal. See profile: here.
Inquests and Inquiries
Ben is experienced in representing interested parties, and in acting as counsel assisting in high-profile inquests and inquiries. Some examples include
the inquests into the death of Tyler Cassidy, Luke Batty, Terrence and Christine Hodson as well as the applications to set-aside the findings in
relation to the deaths of Jennifer Ruth Tanner and Adele Bailey in respect of which he was counsel assisting the State Coroner.
His experience includes medico-legal inquests as well as inquests arising from deaths in suspicious circumstances, from police shootings, high-speed
pursuits, and deaths in custody and care (including those related to medical care).
He has assisted individuals, as well as institutions, in responding to inquiries into to their respective actions (individual), policies, practices
and responses (institutions).
Ben often acts on behalf of model litigants and is familiar with Model Litigant Principles, including the obligations of such and how they apply in practice.
Past Experience (including Publications)
Ben studied law following from his being awarded the John F. Kearney QC scholarship. Prior to that, Ben undertook studies in Science. He has lectured in
areas of both Law and Science at undergraduate and postgraduate levels. His main areas of interest lie where Law and Science intersect.
Ben has been published internationally: see "Anatomy of a Courtroom: A Legal Perspective" in Petherick, Turvey and Feruguson (Ed) (2009) Forensic Criminology (Elsevier Academic Press, Burlington, MA).
Prior to coming to the Bar, Ben was a solicitor at the Victorian Office of Public Prosecutions.
For its duration, Ben was the professional supervisor of the University of Melbourne's Innocence Project where he worked closely with students in reviewing
cases of alleged Miscarriages of Justice.
Current Memberships and Positions
Ben is a member of the Criminal Bar, the Commercial Bar and Common Law Bar Associations.
He is also a member of the Australian and New Zealand Sports Law Association (ANZSLA) and the Sports Lawyers' Association (of America)
Ben is the Deputy Chairperson of the Sports Law Section of the Commercial Bar. He oversees a portfolio which is responsible for coordinating requests made
for pro bono assistance in sport-related matters. He may be contacted directly in relation to such enquiries.
From 22 Apr 2010, liability limited by a scheme approved under Professional Standards legislation.