Benjamin Jellis

ADMITTED  2008    BAR  2011

PHONE  9225 6592
MOBILE  0437 889 939

Benjamin Jellis, BA LLB (Hons) BCL (Dist) (Oxon)


  • Administrative Law
  • Banking and Finance
  • Class Actions
  • Commercial Law
  • Common Law
  • Constitutional
  • Contract
  • Defamation
  • Employment / Industrial
  • Equity / Equitable Relief / Trusts
  • Insurance
  • Media
  • Mining Law
  • Personal Injuries
  • Product Liability
  • Professional Negligence
  • Torts (Other Than PI)

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Ben appears in common law, administrative law and commercial law proceedings, often in appeals.

Before coming to the Bar, Ben completed the Bachelor of Civil Law at the University of Oxford, graduating with Distinction (highest honours) and was the associate to Justice Redlich at the Court of Appeal of the Supreme Court Victoria. His Oxford dissertation compared the appellate jurisdiction of the Supreme Court Victoria and the UK. He practiced at King & Wood Mallesons.

Ben has particular expertise in the regulation of the medical profession and in medical negligence.

Ben has appeared in many insurance cases. He was counsel in the Banksia class action.

Ben has a national practice in administrative law. He has appeared in a series of landmark Australian industrial relations decisions in the Court of Appeal of the Supreme Court Victoria, Full Court of the Federal Court and the High Court of Australia.

Some matters in which Ben has appeared as counsel:

Common Law/Insurance/Professional Conduct

Adams v Dr Wadesley [2018] VSC 604 (with J Noonan QC)

Pharmacy Board of Australia v Hopkinson [2018] VCAT 982

Hunt v Hunt [2018] VSC 55 (with P Solomon QC)

Holcomb v Mr Hunt & Numurkah Hospital District Health Service [2017] VSC 666 (with P Solomon QC)

Daffy v MLC [2017] VSCA 110 (with P Murdoch QC) (Court of Appeal)

Delta Pty Ltd v Team Rock Anchors [2017] QSC 115 (with J Gleeson QC) (Supreme Court Qld )

Service v Post Super Pty Ltd [2017] VCC 1500

Montclare v Metlife (2016) 344 ALR 685 [2016] VSCA 386 (with J Gleeson QC) (special leave refused) (Court of Appeal)

Linfox Australia v TAC (2016) 78 MVR 177 [2016] VSC 592 (with P Solomon QC)

Northern Health v Kuipers [2015] VSCA 172 (with R Gillies QC) (Court of Appeal)

Stapleton v Central Club Hotel [2016] VCC 91 (with S O'Meara QC)

Montclare v Metlife [2015] VSC 306 (with J Gleeson QC)

Dr Bruce Reid v Australian Football League (SCV/AFL Commission) (with R Gillies QC)

Swansson v Harrison & Ors [2014] VSC 118 (with R Gillies QC)

Bolitho v Banksia Securities Ltd (Banksia Class Action) [2014] VSC 8 (with T Kelly QC)

Bolitho v Banksia Securites Ltd (No 2) (2014) 100 ACSR 161; [2014] VSC 184 (with T Kelly QC)

Administrative Law & Industrial Relations

SDA v AIG (the Penalty Rates Case) (2017) 253 FCR 368 (Full Court) (with S Wood QC and P Wheelahan)

Australia Workers Union v Registered Organisations Commissioner (the AWU raids case) [2017] FCA 1554 (with S Wood QC)

Re: CFMEU, MUA and TCFUA [2017] FWC 4353 (the CFMEU/MUA Merger) (With S Wood QC)

Rajendran v The Heritage Council (2017) 220 LGERA 303; [2017] VSCA 48 (Court of Appeal)

Sevdalis v PSRC (Medicare) [2017] FCAFC 9 (with C Winneke QC) (Full Court)

Cremorne Commercial v Arnold Prince [2017] VSC 714 (with J Pizer QC)

Curran v Loddon and Campaspe Centre Against Sexual Assault [2017] VCAT 999

E v Physiotherapy Board of Australia [2017] VCAT 1401

Just Group Ltd v Nicole Peck [2016] VSC 432 (with S Wood QC)

Sevdalis v PSRC (Medicare) (2016) 241 FCR 266 & [2016] FCA 433 (with C Winneke QC)

Volunteer Fire Brigades Victoria v Country Fire Authority [2016] VSC 573 (with S Wood QC)

McDermott v AWU (2016) 255 IR 146 (Full Bench) (with S Wood QC)

Rajendran v The Heritage Council (No 2) [2016] VSC 286

Boral v CFMEU (2015) 256 CLR 375 (High Court) (for the AG for the State of Victoria)

Baytech Trades Pty Ltd v CoInvest Ltd [2015] VSCA 342 (Court of Appeal) (with S Wood QC)

CFMEU v Grocon [2015] HCASL (13 February 2015) (for the Attorney General)

CSR Ltd v CSR & Holcim Staff Association (2015) 232 FCR 302 (Full Court) (with S Wood QC)

CFMEU v John Holland (2015) 228 FCR 297 (Full Court) (with S Wood QC)

CSR v Holcim [2015] FWCFB 6463 (Full Bench) (with F Parry QC)

Khouri v Business Licensing Authority [2015] VCAT (with J Pizer QC)

CMJ v Crewdson [2015] VCAT 402

CFMEU v Boral [2014] HCATrans 266 (High Court Application) (for the AG for the State of Victoria)

CFMEU v Grocon (2014) 47 VR 527 (Court of Appeal) (for the AG for the State of Victoria)

EnergyAustralia Yallourn Pty Ltd v CFMEU (2014) 218 FCR 316 (Full Court) (with S Wood QC)

Grocon v CFMEU (2013) 234 IR 59; [2013] VSC 275 (for the Attorney General)

Grocon v CFMEU (2014) 241 IR 288; [2014] VSC 134 (for the Attorney General)

DPP v JPH (No 2) (2014) 239 A Crim R 543 [2014] VSC 177 (for the Attorney General) (part trial)

EnergyAustralia Yallourn Pty Ltd v CFMEU [2013] FCA 360 (with S Wood QC)

Commercial Law

Mandie v Memart Nominees Pty Ltd [2017] VSCA 177 (Court of Appeal) (with R Gillies QC)

McCarthy v Camil Holdings Pty Ltd [2016] VSCA 235 (Court of Appeal) (for the respondent)

Mandie v Memart Nominees Pty Ltd [2016] VSC 267 (with R Gillies QC)

Cosmopolitan Hotel v Crown (2014) 45 VR 771 (Court of Appeal) (with N Hopkins QC)

Shaw v MAB Corporation Pty Ltd (2014) 220 FCR 425

Shaw v Yarranova Pty Ltd [2014] VSCA 48 (Court of Appeal)

Crown v Cosmoplitan Hotel [2013] VSC 614 (with N Hopkins QC)

Shaw v MAB Corporation Pty Ltd [2013] FCA 1231 (with T Kelly QC)

Point of Pay Pty Ltd v Darryl Roots [2012] VSC 380 (with P Solomon QC)

MP Investments Nominees Pty Ltd v Bank of Western Australia [2012] VSC 43 (with P Solomon QC)

Werner Motoring Group Pty Ltd v NMX Pty Ltd [2012] VSC 211

Select Publications

"Making Sense of Project Blue Sky" Melbourne 21 March 2012 (with Peter Hanks QC)

"The Intersection between Administrative and Constitutional Law" Melbourne March 2013 (with Peter Hanks QC)

"Preventative Detention. Constitutional Issues" March 2014 (with Peter Hanks QC)

"Challenging Administrative Decisions; Constitutional Considerations" March 2015 (with Peter Hanks QC)

"Constructive Jurisdictional Error" March 2016 (with Peter Hanks QC)

"The Obligation of Procedural Fairness During Multistage Decision Making Processes" March 2017 (with Peter Hanks QC)

Reporter, Commonwealth Law Reports 2012-2015

From 27 Oct 2011, liability limited by a scheme approved under Professional Standards legislation approved under Professional Standards legislation.