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Experience

Ben appears in common law, public law (administrative and constitutional law) and insurance, often in appeals and for judicial review.

Before coming to the Bar, Ben completed the Bachelor of Civil Law at the University of Oxford, graduating with Distinction (highest honours). He was the associate to Justice Redlich at the Court of Appeal of the Supreme Court Victoria. He practiced as a solicitor at King & Wood Mallesons.

Ben has particular expertise in the regulation of the medical profession and in medical negligence. Ben has appeared in many reported insurance cases. He was counsel in the Banksia class action.

Ben has a national practice in administrative law, with a focus on the regulation of health practitioners.

Ben is the List Secretary of Dever's List. His current reader is Shane Dawson. His is a former member of the Victorian Bar Council and the Counsel Committee. He is currently a member of the Ethics Committee of the Victorian Bar.

Some matters in which Ben has appeared as counsel:

Judicial Review

T v Coroners Court of Victoria and Northern Health [2022] VSC 70

Zhao v Medical Board of Australia [2021] VSC 763

Kew v Director of Professional Services Review [2021] FCA 1607

Nursing and Midwifery Board v Robinson [2021] VSC 823

Appanna v Medical Board of Australia [2021] VSC 679

Gilhooley v Health Complaints Commissioner [2021] VSC 232

Municipal Association of Victoria v VWA [2021] VSC 128

Ridd v JCU [2021] HCAtrans 15

CDC v Health Complaints Commissioner [2020] VSC 597

JCU v Ridd (2020) 382 ALR 8; [2020] FCAFC 123

CFMMEU v Anglo American Australia Ltd (2019) 164 ALD 451 [2019] FCAFC 109 (Full Court) (unled)

RIdd v JCU (Peter Ridd Academic Freedom Case) [2019] FCCA 997

AWU v ROC (the AWU Raids Case) [2019] FCA 188

AMMA v CFMMEU (CFMEU and MUA Amalgmation Case) (2018) 363 ALR 343 (Full Court)

Adams v Dr Wadesley [2018] VSC 604 (with J Noonan QC)

SDA v AIG (the Penalty Rates Case) (2017) 253 FCR 368 (Full Court)

Rajendran v The Heritage Council (2017) 220 LGERA 303; [2017] VSCA 48 (Court of Appeal)

Sevdalis v PSRC (Medicare) [2017] FCAFC 9 (with C Winneke QC) (Full Court)

Cremorne Commercial v Arnold Prince [2017] VSC 714 (with J Pizer QC)

McDermott v AWU (2016) 255 IR 146 (Full Bench)

Sevdalis v PSRC (Medicare) (2016) 241 FCR 266 & [2016] FCA 433 (with C Winneke QC)

Rajendran v The Heritage Council (No 2) [2016] VSC 286

Just Group Ltd v Nicole Peck [2016] VSC 432

CSR Ltd v CSR and Holcim Staff Association (2015) 232 FCR 302 (Full Court)

CFMEU v Boral (2015) 256 CLR 375 (High Court)

Baytech Trades v Coinvest [2015] VSCA 342 (Court of Appeal)

CFMEU v Grocon [2014] VSCA 298 and (2014) 47 VR 527 (Court of Appeal)

CFMEU v John Holland (2015) 228 FCR 297 (Full Court)

Energy Australia Yallourn v CFMEU (2014) 218 FCR 316 (Full Court)

Dr Bruce Reid v Australian Football League (Defence of Dr Reid/ AFL ASADA) (with R Gillies QC)

Insurance

Delta Pty Ltd v Team Rock Anchos [2019] 3 QD R 438 (Queensland Court of Appeal)

Delta Pty Ltd v Team Rock Anchors [2018] 1 QD 564 (with J Gleeson QC) (Supreme Court Qld )

Daffy v MLC [2017] VSCA 110 (with P Murdoch QC) (Court of Appeal)

Service v Post Super Pty Ltd [2017] VCC 1500

Montclare v Metlife (2016) 344 ALR 685 [2016] VSCA 386 (with J Gleeson QC) (special leave refused) (Court of Appeal)

Linfox Australia v TAC (2016) 78 MVR 177 [2016] VSC 592 (with P Solomon QC)

Montclare v Metlife [2015] VSC 306 (with J Gleeson QC)

Common Law, Inquests and Health Practitioners

Acciarito v Anthony Parcel Services [2022] VSCA 13

Fischer v Brown [2021] VCC 108

Appanna v Medical Board [2021] VCAT 277

Medical Board v Arulandarajah [2021] VCAT 85

Nursing Board v Meek [2021] VCAT 68

Fischer v Brown VCC [2020] VCC 2041

Belgrave Heights Christian School v Moore [2020] VSCA 240 (with J Ruskin QC) (Court of Appeal)

Billington v Sussan Corporation [2020] VSCA 12 (with S O'Meara QC) (Court of Appeal)

Medical Board of Australia v Islam [2020] VCAT 994

Medical Board of Australia v Ellis [2020] VCAT 862

Nursing Board of Australia v Keenoo [2020] TASHPT 3

Leow v Medical Board of Australia [2019] VSC 532 (appeal)

CJE v Medical Board of Australia [2019] VCAT 178

Dental Board of Australia v Ho [2019] VCAT 467

XDH v Medical Board of Australia [2019] VCAT 377

CDC v Health Complaints Commissioner [2019] VCAT 171

CDC v Health Complaints Commissioner [2018] VCAT 1844

Hunt & Numurkah District Health Service v Holcombe [2018] VSCA 248 (Court of Appeal) (with P Solomon QC)

Medical Board of Australia v Farschi [2018] VCAT 1617 with Dr I Freckleon QC

Pharmacy Board of Australia v Hanna [2018] VCAT 1817

Nursing and Midwifery Board of Australia v Macrae [2018] VCAT 1707

Pharmacy Board of Australia v Hopkinson [2018] VCAT 982

Hunt v Hunt [2018] VSC 55 (with P Solomon QC) 5970

Inquest into the death of Campbell (COR 2014 5828)

Inquest into the death of Ljepojevic (COR 2015 5970)

Holcomb v Mr Hunt & Numurkah Hospital District Health Service [2017] VSC 666 (with P Solomon QC)

Northern Health v Kuipers [2015] VSCA 172 (with R Gillies QC) (Court of Appeal)

Stapleton v Central Club Hotel [2016] VCC 91 (with S O'Meara QC)

Swansson v Harrison & Ors [2014] VSC 118 (with R Gillies QC)

Curran v Loddon and Campaspe Centre Against Sexual Assault [2017] VCAT 999

E v Physiotherapy Board of Australia [2017] VCAT 1401

Khouri v Business Licensing Authority [2015] VCAT (with J Pizer QC)

CMJ v Crewdson [2015] VCAT 402

DPP v JPH (No 2) (2014) 239 A Crim R 543 [2014] VSC 177 (for the Attorney General) (part trial)

Commercial Law

Roohizadegan v Technologyone [2020] FCA 1571, [2020] FCA 1734, [2020] FCA 1729

Mandie v Memart Nominees Pty Ltd [2017] VSCA 177 (Court of Appeal) (with R Gillies QC)

McCarthy v Camil Holdings Pty Ltd [2016] VSCA 235 (Court of Appeal) (for the respondent)

Mandie v Memart Nominees Pty Ltd [2016] VSC 267 (with R Gillies QC)

Bolitho v Banksia Securities Ltd (Banksia Class Action) [2014] VSC 8 (with T Kelly QC)

Bolitho v Banksia Securites Ltd (No 2) (2014) 100 ACSR 161; [2014] VSC 184

Cosmopolitan Hotel v Crown (2014) 45 VR 771 (Court of Appeal) (with N Hopkins QC)

Shaw v MAB Corporation Pty Ltd (2014) 220 FCR 425

Shaw v Yarranova Pty Ltd [2014] VSCA 48 (Court of Appeal)

Crown v Cosmoplitan Hotel [2013] VSC 614 (with N Hopkins QC)

Shaw v MAB Corporation Pty Ltd [2013] FCA 1231 (with T Kelly QC)

Point of Pay Pty Ltd v Darryl Roots [2012] VSC 380 (with P Solomon QC)

MP Investments Nominees Pty Ltd v Bank of Western Australia [2012] VSC 43 (with P Solomon QC)

Werner Motoring Group Pty Ltd v NMX Pty Ltd [2012] VSC 211

Select Publications

"Making Sense of Project Blue Sky" Melbourne 21 March 2012 (with Peter Hanks QC)

"The Intersection between Administrative and Constitutional Law" Melbourne March 2013 (with Peter Hanks QC)

"Preventative Detention. Constitutional Issues" March 2014 (with Peter Hanks QC)

"Challenging Administrative Decisions; Constitutional Considerations" March 2015 (with Peter Hanks QC)

"Constructive Jurisdictional Error" March 2016 (with Peter Hanks QC)

"The Obligation of Procedural Fairness During Multistage Decision Making Processes" March 2017 (with Peter Hanks QC)

Administrative Law: Disciplinary and Statutory Investigations September 2021 (with S Dawson)

Reporter, Commonwealth Law Reports 2012-2015

From 27 Oct 2011, liability limited by a scheme approved under Professional Standards legislation approved under Professional Standards legislation.