Benjamin Murphy

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 Otw

ay 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