Benjamin J Murphy

Admitted:
7 Aug 2000
Bar:
24 May 2007
Location:
Room 3206, Aickin Chambers,
200 Queen Street, Melbourne, 3000
Call Foley’s on 03 9225 7777 to discuss availability
PROFILE

Ben Murphy practises in commercial law and appears in trial and appellate courts in all jurisdictions in the Commonwealth of Australia.

Ben has extensive experience in complex commercial, building and construction and infrastructure disputes.  His areas of expertise include product liability, administrative law, building and construction, infrastructure projects, real property, contract and insolvency.

Ben is available for trial, appellate, interlocutory and advisory work in his areas of expertise in all courts and tribunals.

Current and recent matters include:

Commercial

  • Bioprospect Ltd v Solagran Ltd [2010] FCA 1097 and [2010] FCA 1081: breach of contract and patent licensing dispute.
  • QPSX Limited v Ericsson Australia Ltd: breach of contract and a patent licensing dispute.
  • Bacchus Distillery Pty Ltd v BDS Marketing Australia Pty Ltd [2011] FCA 827: a dispute concerning allegations of breaches of the Australian Consumer Law, passing off and breach of Trade Mark.
  • Edwards v Vic Land Rehabilitation [2012] VSC 188: an application to restrain a legal practitioner for acting.
  • Wijayaweera v St Gobain Abrasives Ltd [2012] FCA 97 and [2012] FCA 98: no case submission and admissibility of evidence.
  • Wijayaweera v St Gobain Abrasives Ltd [2012] FCAFC 128: Full Court Appeal relating to interlocutory orders, no case submission and evidence at trial.
  • Janney & Ors v Steller Works Pty Ltd [2017] VSC 363: an application for an injunction to restrain the use of a crane
  • Dedert Corporation v United Dalby Bio-Refinery Pty Ltd [2017] VSCA 368 – An appeal from trial judge’s refusal to grant injunction to restrain recourse to a bank guarantee.
  • Dalby Bio-Refinery Ltd v Allianz Australia Insurance Limited & Ors [2018] FCA 1806; [2019] FCAFC 85: dispute concerning the denial of liability under an insurance policy.
  • In the matter of Wyndham Park Pty Ltd [2019] VSC 92: Rival claims of oppressive conduct and orders for buy-out 
  • 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.
  • Disputes regarding petroleum supply agreements.

 

Property

  • 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.
  • Ausbal Pty Ltd v Grandsea Holdings Pty Ltd [2014] VSC 625: a proceeding concerning easement rights over a carriageway.
  • 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

  • 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.
  • Applications for an orders in the nature of certiorari to quash the determinations of adjudicators under the Building and Construction Industry Security of Payment Act 2009.

 

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

  • Director of The Essoign Club (2015 – )
  • Member of the Audit and Finance Committee (2011-2017)
  • Member of the Victorian Bar Council (2008-09, 2012-13)
  • 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.
AREAS OF PRACTICE
Alternative Dispute Resolution (ADR)
Appellate
Commercial Law
Common Law
Energy Law & Resources Law
Environmental Law & Planning Law
Equity & Trusts
Family Law
Inquests, Inquiries, Tribunals & Commissions
Public Law & Administrative Law
Technology Law & Media Law

Profile1

Ben Murphy practises in commercial law and appears in trial and appellate courts in all jurisdictions in the Commonwealth of Australia.

Ben has extensive experience in complex commercial, building and construction and infrastructure disputes.  His areas of expertise include product liability, administrative law, building and construction, infrastructure projects, real property, contract and insolvency.

Ben is available for trial, appellate, interlocutory and advisory work in his areas of expertise in all courts and tribunals.

Current and recent matters include:

Commercial

  • Bioprospect Ltd v Solagran Ltd [2010] FCA 1097 and [2010] FCA 1081: breach of contract and patent licensing dispute.
  • QPSX Limited v Ericsson Australia Ltd: breach of contract and a patent licensing dispute.
  • Bacchus Distillery Pty Ltd v BDS Marketing Australia Pty Ltd [2011] FCA 827: a dispute concerning allegations of breaches of the Australian Consumer Law, passing off and breach of Trade Mark.
  • Edwards v Vic Land Rehabilitation [2012] VSC 188: an application to restrain a legal practitioner for acting.
  • Wijayaweera v St Gobain Abrasives Ltd [2012] FCA 97 and [2012] FCA 98: no case submission and admissibility of evidence.
  • Wijayaweera v St Gobain Abrasives Ltd [2012] FCAFC 128: Full Court Appeal relating to interlocutory orders, no case submission and evidence at trial.
  • Janney & Ors v Steller Works Pty Ltd [2017] VSC 363: an application for an injunction to restrain the use of a crane
  • Dedert Corporation v United Dalby Bio-Refinery Pty Ltd [2017] VSCA 368 – An appeal from trial judge’s refusal to grant injunction to restrain recourse to a bank guarantee.
  • Dalby Bio-Refinery Ltd v Allianz Australia Insurance Limited & Ors [2018] FCA 1806; [2019] FCAFC 85: dispute concerning the denial of liability under an insurance policy.
  • In the matter of Wyndham Park Pty Ltd [2019] VSC 92: Rival claims of oppressive conduct and orders for buy-out 
  • 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.
  • Disputes regarding petroleum supply agreements.

 

Property

  • 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.
  • Ausbal Pty Ltd v Grandsea Holdings Pty Ltd [2014] VSC 625: a proceeding concerning easement rights over a carriageway.
  • 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

  • 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.
  • Applications for an orders in the nature of certiorari to quash the determinations of adjudicators under the Building and Construction Industry Security of Payment Act 2009.

 

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

  • Director of The Essoign Club (2015 – )
  • Member of the Audit and Finance Committee (2011-2017)
  • Member of the Victorian Bar Council (2008-09, 2012-13)
  • Member of the Commercial Bar Association of Victoria

Committee Memberships

  • (Committee Member) Essoign Club - Board of Directors