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