PROFILE

Full Name: Benjamin Murphy
Email: ben.murphy@vicbar.com.au
Phone:+61 3 9225 6962
Fax:+61 3 9225 8480
Mobile:0407 331 615
Chambers: Aickin Chambers
Room: 3206
Date of Admission: 7 Aug 2000
Called to the Bar: 24 May 2007
Qualifications: B.A., L.L.B. (Hons)
Previous Occupation: Senior Associate / Associate at Baker & McKenzie Melbourne, 1999-2007

Profile

Profile

Prior to coming to the Bar, Ben Murphy was a Senior Associate at Baker & McKenzie’s Melbourne office where he specialized in commercial litigation. During that time, Ben was seconded to Baker & McKenzie’s Bangkok office and also to DaimlerChrysler Australia/Pacific as Corporate Counsel.

Ben has acted on behalf of government, multinational corporations, private companies and individuals in relation to various commercial matters including patent and intellectual property disputes, infrastructure projects, product liability disputes, and property law disputes.

Ben is available for trial, interlocutory and advisory work in relation to all areas of commercial law in all courts and tribunals.

Ben’s recent experience includes advising and appearing in the following matters:

Federal Court | AAT

  • APC Marine Pty Ltd (ACN 119 763 012) v The Ship "APC Aussie 1" [2009] FCA 690 | Admiralty proceeding regarding an application to arrest a ship.
  • Matthews v ASIC and Newmont Australia Ltd [2010] AATA 649 | Freedom of Information application regarding documents produced to ASIC.
  • 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 | Australian Consumer Law / Passing off and breach of Trade Mark.
  • Wijayaweera v St Gobain Abrasives Ltd [2012] FCA 97 and [2012] FCA 98 | refusal to adjour trial, no case submission and admissibility of evidence
  • Wijayaweera v St Gobain Abrasives Ltd [2012] FCAFC 128 | Full Court Appeal concerning grounds of appeal relating to interlocutory orders, no case submission and evidence at trial.

Supreme Court

  • Rentiers Pty Ltd & Anor v Wingara Wine Group Pty Ltd & Anor [2010] VSC 156 | Breach of contract claim concerning the management of vineyards in Victoria and South Australia.
  • Christ Church Grammar School v Bosnich & Anor [2010] VSC 476 | Appeal from VCAT regarding VCAT’s powers under the Fair Trading Act 1999.
  • Modern Tools v Automaint Solutions [2011] VSC 400 | Appeal from VCAT regarding procedural fairness.
  • Kirwan v Lands Kirwan Tong Stockbrokers Pty Ltd | Shareholder's oppression action.
  • Grant v Preece [2012] VSC 55 | Opposing application to modify or discharge a restrictive covenant
  • Freilich v Wharton [2013] VSC 533 | Opposing application to modify restrictive covenanat.
  • M & I Samaras Pty Ltd (No 1) v John Holland Pty Ltd [2012] VSC 98 | Appeal against order extending time for service of a writ (Leave to appeal granted by Court of Appeal).
  • Huynh v Pettis [2012] VSC 368 | Responding to application for certiorari.
  • Noan Pty Ltd & Ors v 19th Hole Centre Pty Ltd & Ors | Claim concerning nuisance, trespass over a private laneway.
  • Woodley v TAC (2013) 46 VR 28 | TAC indemnity proceeding; liability for collision with horse; negligence; assessment of damages under the Wrongs Act.
  • Ausbal Pty Ltd v Grandsea Holdings Pty Ltd [2014] VSC 625 | Proceeding concerning easement rights over a carriageway.

County Court

  • Chapman v Plenty Views Pty Ltd [2009] VCC 1271 | Action in nuisance seeking permanent injunctions to stop the entry of golf balls onto private land.
  • J V Orchards v GP Graders Pty Ltd | Breach of contract and product liability claim.
  • Crawfords Leisure Group Pty Ltd v Sovereign Hotel Group Pty Ltd [2012] VCC 47 | Dispute concerning agreement for purchase of shares in company owning gaming venues.
  • TAC v Woodley Ostopathic Services [2012] VCC 188 | TAC indemnity proceeding; liability for collision with horse; negligence; assement of damages under Part III of the Wrongs Act.

Arbitration | 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 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.

Areas of Practice

Common Law/Personal Injury

  • Intentional Torts
  • Negligence
  • Professional Negligence

Commercial

  • Bankruptcy
  • Building and Construction
  • Competition
  • Consumer Protection Law
  • Contractual Disputes
  • Corporate Insolvency
  • Corporations Law
  • Intellectual Property
  • International Commercial Arbitration
  • Real Property
  • Securities and Investments
  • Telecommunications and Broadcasting
  • Transport Law - Admiralty/Aviation/Maritime

Public/Administrative

  • Constitutional Law
  • Judicial Review and administrative law
  • Merits Review
  • Privacy/Freedom of Information

Equity

  • Trusts

Environment and Planning

  • Mining

Inquests/Inquiries

  • Commissions and other inquiries

Alternative Dispute Resolution

Also Entitled to Practise in

  • Australian Capital Territory
  • Federal Court of Australia
  • Federal Courts
  • High Court of Australia
  • New South Wales
  • Northern Territory
  • Queensland
  • South Australia
  • Tasmania
  • Western Australia

Committee Memberships

  • Audit & Finance Committee
  • Committee Member - Essoign Club - Board of Directors
From 12 Mar 2009, liability limited by a scheme approved under Professional Standards Legislation.


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