O'Neill Rob
Robert practises in occupational health and safety, environmental and other regulatory prosecutions, personal injury, employment and industrial law, criminal law, professional disciplinary proceedings and coronial inquests in all courts and tribunals.
He was recognised in the 2025 Doyle's Guide rankings as the Market Leader in the field of workplace health and safety law. In recent years he has appeared in many of the most significant cases in the area at both trial and appellate level, including all of the first three workplace manslaughter prosecutions conducted in Victoria.
He specialises in areas involving the intersection of the criminal law with business: occupational health and safety, competition law, corporations law and environmental regulation offences. He appears in both prosecutions and civil penalty proceedings at trial and appellate level, at inquests and disciplinary proceedings, and in the Fair Work Commission and other employment law tribunals.
He also appears in state and federal courts in personal injury cases, industrial cases, employment contract cases, general protections disputes, sexual harassment and discrimination cases. He regularly appears for players at the AFL tribunal.
Experience
Occupational Health and Safety/Regulatory Offences
Robert acts for companies charged with offences under the Occupational Health and Safety Act and similar legislation, in contested cases and pleas. He has appeared with success in numerous jury trials. He has appeared in a number of the significant cases in the field in the Court of Appeal and the High Court.
He is available to advise on incident management, analysing briefs of evidence, and whether a case should be contested or pleas of guilty entered.
He has also acted in prosecutions brought under the Environment Protection Act, the Building Act, the Planning Act, and Food Act, and the Gambling Regulation Act and has been briefed by the Victorian Workcover Authority, the Victorian Commissioner for Gambling and Liquor Regulation and several municipal councils to prosecute offences.
Industrial and Employment
Robert has acted for companies such as John Holland, Schweppes, Nissan Australia, Esso, DP World and Baiada Poultry in major industrial cases in the Supreme Court, the federal courts and the Fair Work Commission. He has also appeared for both employers and employees in employment contract disputes in State courts, unfair dismissal cases in the Fair Work Commission and underpayment and general protections claims in the Federal Circuit Court. He has appeared in a number of significant matters at first instance and on appeal, including in the High Court, for the Australian Building and Construction Commissioner.
Personal Injury
Since taking silk Robert has developed a practice in personal injury trial work and accepts briefs to appear in jury trials, causes and appeals.
Inquests
Robert regularly appears in the Coroners Court and has represented the Chief Commissioner of Police, employers, and families of deceased persons in that jurisdiction.
Criminal Law
Robert is an experienced jury trial advocate with particular experience in Corporations Act prosecutions, fraud, and major drug prosecutions.. He is also experienced in conducting general criminal law cases.
He has also appeared in the Court of Appeal in serious criminal matters on conviction and sentence appeals.
He is the former author/editor of the online edition of Ross on Crime.
From 12 Feb 2009, liability limited by a scheme approved under Professional Standards legislation.
Gibson Ben
Ben specialises in commercial law and appears in trial and appellate courts in all jurisdictions in Australia.
Ben was called to the Bar in 2007. He read with Stephen McLeish SC (now Justice McLeish of the Court of Appeal).
Prior to coming to the Bar Ben was an Associate to (then) Justice Finkelstein at the Federal Court of Australia, a solicitor at Blake Dawson Waldron (now Ashurst) and a management consultant.
Ben has a Juris Doctor degree from the University of Melbourne where he was awarded the Dean's Award (Stage 2) and subject prizes for taxation, trusts and evidence. Ben also holds a Bachelors degree and a Masters degree in Economics.
Ben has been listed in Doyles Guide in the areas of Leading Commercial Litigation & Dispute Resolution Junior Counsel (2023, 2024 and 2025) and Leading Insolvency & Restructuring Junior Counsel (2022, 2023, 2024 and 2025).
Cases in which Ben has appeared include:
- Giovinazzo v Resource Capital Limited [2025] VSCA 176 (with B Walker and D Porteous).
- Badenoch Integrated Logging Pty v Bryant [2025] HCADisp 69 (special leave, with M Tennant).
- Badenoch Integrated Logging Pty v Bryant [2025] FCAFC 31, [2024] FCAFC 167 (with M Tennant)
- Allsopp v Elly Property Pty Ltd [2024] VSC 669
- World Touring Melbourne Limited v Australian Grand Prix Corporation [2024] VSC 521 (with N De Young KC and C Fitzgerald)
- Resource Capital Ltd v Giovinazzo [2024] VSC 548 (with D Porteous)
- Eastbound Estate Pty Ltd v DC Consolidated Investments Pty Ltd [2024] VSC 40 (with P Bick KC and MQ Nguyen)
- Mitsubishi Motors Australia Ltd v Begovic [2023] HCATrans 15 [2023] HCATrans 097, [2023] HCATrans 15 (with B Walker SC)
- Mitsubishi Motors Australia Ltd v Begovic [2023] HCA 43 (with B Walker SC)
- Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2; (2023) 406 ALR 731 (with B Walker SC)
- Ohanse Pty Ltd v Heartwest Services Pty Ltd [2022] FCA 1204
- Ford v Commissioner of Taxation, in the matter of Careers Australia Group Limited (in liq) (No 2) [2022] FCA 1151
- Zphere Pty Ltd v Pakis [2022] VSC 496 (with D Porteous)
- Mitsubishi Motors Australia Pty Ltd v Begovic (2022) 403 ALR 558 (with B Walker SC)
- Bryant & Ors as liquidators of Gunns Limited and Auspine Limited v Badenoch Integrated Logging Pty Ltd [2022] HCATrans 42 (with J Evans KC)
- Re Bundoora Park Estate Holding Pty Ltd [2022] VSC 273
- Dugan v Process Holdings Pty Ltd [2021] VSC 555, [2021] VSC 641, [2021] VSC 737 (with S Marks KC)
- Badenoch Integrated Logging Pty Ltd v Bryant [2021] FCAFC 64 (with J Evans KC)
- Mitsubishi Motors Australia Ltd v Begovic [2021] VSC 252 (with C Caleo KC)
- Wu v OHAPIF Pty Ltd (ACN 167 080 542) as trustee for the Oliver Hume Australia Income Fund & Ors [2020] VSC 552 (with P Bick KC)
- Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) v Bluewood Industries Pty Ltd [2020] FCA 714 and [2020] FCA 1082 (with J Evans KC)
- Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) v Badenoch Integrated Logging Pty Ltd [2020] FCA 713 and [2020] FCA 1081 (with J Evans KC)
- Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) v Edenborn Pty Ltd [2020] FCA 715 and [2020] FCA 1083 (with J Evans KC)
- Nom De Plume v Ascot Vale Self Storage [No 2] [2020] VSCA 70 (with B Walker SC and D Porteous)
- Northern Territory of Australia v Dover Investments Pty Ltd [2020] NTSC 3 (with P Bick KC)
- Rennie Produce (Aust) Pty Ltd [2020] FCA 1171; [2017] FCA 442; (2016) 338 ALR 451
- Ascot Vale Self Storage Centre Pty Ltd v Nom De Plume Nominees Pty Ltd (No 2) [2019] VSC 285 (with P Bick KC)
- In the matter of Ainslie Harding & Wood Solicitors Pty Ltd (in liq) & Ors VID282/2018 (with K Brazenor)
- Mandie v Memart Nominees Pty Ltd [2018] VSC 719 (with C. Caleo KC)
- Deputy Commissioner of Taxation v Rennie Produce (Aust) Pty Ltd (in liq) (2018) 260 FCR 272 (with L Glick KC)
- Bryant (Liquidator) v LV Dohnt and Co Pty Ltd, Gunns Ltd (In Liq) [2018] FCA 238 (with M Hoffmann KC)
- De Lutis v De Lutis [2018] VSC 54; [2017] VSC 505 (with P Bick KC)
- Trust Co (Nominees) Ltd v Angas Securities Ltd [2017] FCAFC 187 (with A Myers KC)
- Deputy Commissioner of Taxation v A&S Services Australia Pty Ltd [2017] FCA 663
- Re Rennie Produce (Aust) Pty Ltd (in liq) [2017] FCA 442; (2016) 338 ALR 451; [2016] FCA 449
- North East Solution Pty Ltd v Masters Home Improvement Australia Pty Ltd [2017] VSCA 113; [2017] VSCA 88; [2016] VSC 1; [2016] VSC 87 (with P Bick KC)
- Re GUNNS Limited (in liq) [2016] VSC 765; [2016] VSC 832 (with M Hoffmann KC)
- Trust Company (Nominees) Limited, in the matter of Angas Securities Limited [2016] FCA 895 (with A Myers KC and M Hoffmann KC)
- Nom De Plume Nominees v Fingal Developments Pty Ltd (2016) 114 ACSR 539 and [2016] VSCA 233 (B Walker SC)
- TSG Franchise Management Pty Ltd v Cigarette & Gift Warehouse (Franchising) Pty Ltd [2016] FCA 828; [2016] FCA 674; [2015] FCA 739 (with M Robins KC)
- Re Yeo (in their capacity as liquidators of Rennie Produce (Aust) Pty Ltd (in liq) [2015] FCA 849 (with L Glick KC)
- Ascot Vale Self Storage Centre Pty Ltd v Nom De Plume Nominees Pty Ltd [2015] VSC 751(with P Bick KC)
- Nom De Plume Pty Ltd v Fingal Developments Pty Ltd [2015] VSCA 129 (with P Bick KC)
- Re Ascot Vale Self-Storage Centre Pty Ltd (in liq) (2014) 98 ACSR 243 (VSCA) (with P Bick KC)
- Fingal Developments Pty Ltd v Nom De Plume Nominees Pty Ltd [2015] VSC 146; [2015] VSC 44 (with P Bick KC)
- Rilgar Nominees Pty Ltd v BHA Holdings Pty Ltd [2015] VSC 6; (2014) 103 ACSR 370
- Kilkenny Walsh Pty Ltd v Strasburger Enterprises (Properties) Pty Ltd [2014] VSC 117 (with S Horgan KC)
- Playcorp Pty Ltd v Lineville Pty Ltd (subject to deed of company arrangement) t/as Robins Kitchens [2014] FCA 224
- Re Ascot Vale Self-Storage Centre Pty Ltd (in liq) (2014) 98 ACSR 243 (with P Bick KC)
- Weeden v Rambaldi (2013) 92 ACSR 661 (FCAFC) (with P Collinson KC)
- Ascot Vale Self Storage Centre Pty Ltd v Wallace Smith [2013] VSC 519 (with P Bick KC)
- Perpetual Nominees Limited v Rytelle Pty Ltd [2013] VSC 9; [2012] VSC 440 (with P Bick KC)
- Oliver Hume Apartments (Vic) Pty Ltd v Troy Barkly Nominees Property Group Pty Ltd [2013] VCC 398
- Weeden v Rambaldi (2012) 290 ALR 312 (FCA); [2012] FCA 647 (with J Peters KC)
- Szanitop Homes Pty Ltd v Krok (2012) 36 VR 56 (with R Merkel KC)
- Gotha Investments Pty Ltd v Westons Property (Vic) Pty Ltd [2012] VCC 1161 (with P Bick KC)
- Environinvest Ltd v HLB Mann Judd (Vic Partnership) [2012] FCA 1307 (with M Hoffmann KC)
- Jervois Mining Limited v EMC Metals Group S CI 2012 03571 (with M Hoffmann KC)
- Peachbulk Pty Ltd v R T Edgar Pty Ltd [2012] VCC 39; [2011] VCC 1465; [2011] VCC 1370 (with P Bick KC)
- Noce v Building Practitioners Board [2011] VSC 350
- Fluor Australia Pty Ltd and Victorian Workcover Authority SC1 2606 of 2011 (with R Gorton KC)
- In the matter of Rennie Produce (Aust) Pty Ltd (in liquidation) (FCA) VID 1116 of 2010 (with L Glick KC)
- Ambridge Investments Pty Ltd (in liq) (rec apptd) v Baker [2010] VSC 59; [2010] VSC 234; [2010] VSC 282 (with P Bick QC, E.W Alstergen KC)
- N and J Rogers Pty Ltd trading as Performance Pools v Rippingale [2010] VCAT 1899
- Allison v BDO (NSW-Vic) Pty Ltd SCI 2009, 10625 and BDO Group Investments (NSW-VIC) Pty Ltd v Ngo SCI 1192 of 2010 (with L Glick KC)
- Biota Scientific Management Pty Ltd v Glaxo Group Ltd [2008] VSC 110 (with S Anderson KC and others).
Liability limited by a scheme approved under Professional Standards Legislation.