Ben Murphy practises in commercial law and appears in all jurisdictions in the Commonwealth of Australia.
Ben has been listed in Doyle’s Guide's listing of the leading Commercial Litigation & Dispute Resolution Junior Counsel in Victoria.
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.
- Bioprospect Ltd v Solagran Ltd [2010] FCA 1097 and [2010] FCA 1081: breach of contract and 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.
- 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.
- Modscape Holdings Pty Ltd v Caspaney in the matter of ACN 122 909 040 Pty Ltd (in liq) (fomerly Modscape Pty Ltd) [2019] FCA 2137: application requiring liquidator to convene meeting pursuant to the Insolvency Practice Rules; resisting application for leave to appeal interlocutory decision of single judge.
- Safter Storage Systems v Dexion (Australia) (2019) 148 IPR 450: application for interlocutory injunction to enforce restrictive covenants as between supplier and distributor; possibile contraventions of the Competion and Consumer Act 2010 (Cth).
- Anna Carr as administrix of the estate of Giuseppe Larussa v Larussa Pastoral Holdings Pty Ltd as trustee for The Larussa Pastoral Trust [2019] WASC 471: undue influence as between father and son.
- In the matter of Colour Metal Pty Ltd [2021] NSWSC 1012 - statutory demand – application to set aside – whether post-judgment interest a “judgment debt”.
- Moorabool Valley Eggs Pty Ltd v Seasons Ranch Organic Pty Ltd [2021] VSC 795 - Resisted application for mandatory injunction to supply organic eggs.
- Diesel Holdings Pty Ltd v Waters (2023) 70 VR 556 - automatic disqualification of director under the Corporations Act; Waters v Diesel Holdings Pty Ltd [2023] VSCA 77.
- Pickett v Amin & Anor [2023] VSC 715 - application for freezing order and appointment of litigation guardian.
- Bass Strait Freight Pty Ltd & Anor v Colac Otway Shire Council [2024] VSC 19 - application for injunction in respect of use of Port of Apollo Bay.
- Hansen Yuncken Pty Ltd v The Hollard Insurance Company Pty Ltd [2024] FCA 398 - construction of an insurance policy regarding indemnification.
Property
- John Dahlsen Superannuation Fund Pty Ltd & Anor v Robert Dove & Anor [2022] VSC 34 - dispute of access to common property.
- Viva Energy v Sumervale & Anor [2023] VSC 733 - resisting application to remove restrictive covenant.
- 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