Ben is a Partner of Mahoneys and heads up the Litigation and Dispute Resolution team. Ben has extensive experience in commercial litigation and dispute
resolution on matters ranging from minor claims to commercial disputes involving millions of dollars. He has assisted clients in all areas of commercial
litigation and, in particular, in the areas of construction, body corporate, industrial relations and insolvency.
Clients benefit from and appreciate Ben's ability to provide a timely, thorough and clear assessment of their position, to outline the various options
available, and to make a recommendation on how best to achieve a commercial and cost-effective solution. Where possible, Ben likes to work towards
a commercial rather than litigious outcome to the many varied issues that he works alongside his clients with.
Ben holds a Bachelor of Laws which he completed in 2002 at the University of Queensland. After completing his articles of clerkship at a Brisbane CBD
firm Ben was admitted as a lawyer in Queensland in 2004. He is also admitted as a lawyer of the High Court of Australia and of the Supreme Courts
of New South Wales and the Northern Territory.
Experience and services
He regularly acts for and advises:
- liquidators, administrators, receivers and managers on a wide range of complex insolvency issues
- employers and employees in relation to restraint of trade, unfair dismissal and workplace related employment issues
- national and multinational corporations, small and medium-sized businesses in respect of damages claims across a range of jurisdictions including
claims under the Building and Construction Industry Payments Act and the Subcontractors Charges Act.
- some of the largest construction companies in Queensland, builders, sub-contractors and home owners in respect of issues arising out of the construction
and renovation of everything from inner-city high rises to residential dwellings.
- bodies corporate, body corporate committees, lot owners and resident managers on a range of complex issues arising out of the Body Corporate and
Community Management Act and ancillary regulations
- Just a few of the projects in which Ben has been recently involved include:
- acting for a Government Related Entity in a landmark matter concerning the application of the new federal workplace relations laws to Queensland
Government Related Entities
- successfully defending an international petroleum franchise from claims arising from accidents at franchised sites
- advising a property developer in relation to the termination of an 'off-the-plan' contract
- recovering a substantial deposit for a young family who had terminated a building contract for failure by their builder to complete their new house
in a timely fashion
- advising a privately appointed receiver and manager on employment issues arising from his appointment and on retention of title claims by creditors
- recovering for receivers substantial preferred payments from the Australian Taxation Office
- acting for a multi-million dollar property group in defence of an action by the Australian Securities and Investments Commission alleging contraventions
of the Trade Practices Act
- securing timely payment for building sub-contractors pursuant to the Building and Construction Industry Payments Act
- conduct of complicated actions in the Queensland Civil and Administrative Tribunal on behalf of resident managers in remuneration reviews and defending
Ben frequently appears in both State and federal jurisdictions and in the specialist tribunals of Queensland and New South Wales.