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Ben Sandford

ASSOCIATE

P: (07) 3007 3722
E: bsandford@mahoneys.com.au

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About

Ben joined Mahoneys in late 2016, after being admitted as a solicitor of the Supreme Court of Queensland and High Court of Australia in 2014. Ben has primarily worked in commercial litigation since prior to his admission and is no stranger to appearing in court either instructing counsel or as advocate.

Ben also has experience in planning and environment litigation, including appeals against the refusal of development applications for major projects.

While not one to shy away from an argument, Ben is commercially minded and acutely aware of the effect that litigation can have on the people involved in it. He is always on the lookout for any opportunity that his clients may have to obtain a just result.

Key service areas

  • Corporation, shareholder and partnership litigation;
  • Planning and environment appeals and advice;
  • Trusts, equity and fiduciary litigation;
  • General commercial litigation, including contractual, real property, letting, commercial torts and defamation litigation;
  • Corporate and personal Insolvency litigation;
  • Building and Construction disputes, including payment disputes.

Qualifications & memberships

  • Bachelor of Laws;
  • Bachelor of Science majoring in biomedical physiology;
  • Graduate Diploma of Legal Practice;
  • Admitted to practice in Queensland;
  • Member of the Queensland Environmental Lawyers Association.

Recent experience

  • Large scale development appeals before the planning and environment court regarding the construction of a mosque;
  • Pursuing and resisting applications for summary judgment (as plaintiff and as defendant);
  • Pursuing and resisting adjudication applications under the Building and Construction Industry Payments  Act and Building Industry Fairness (Security of Payment) Act;
  • Litigation against lenders for breaches of obligations under the banking code arising from improper lending;
  • Litigation against financial planners for improper investment advice to the trustee of a self-managed superannuation fund;
  • Applications to wind up a company on the just and equitable ground arising from failure to act in the interests of minority shareholders;
  • Review of the ruling of a trustee in bankruptcy in relation to a creditor’s proof of debt;
  • Commercial leasing disputes arising from insufficient make good at the conclusion of tenancy;
  • Applying to dismiss an application to set aside a statutory demand;
  • Appeals to the Court of Appeal in respect of the proper interpretation of the Property Occupations Act;
  • Acting for both administrators and examinees in public examinations in respect of a companies affairs pursuant to the Corporations Act and Bankruptcy Act;
  • Commercial list matters regarding contractual disputes;
  • Defamation litigation relating to imputations arising as a consequence of the publication of defamatory matters through internet search engines and social media pages;
  • Development appeal before the planning and environment court regarding modifications to a local heritage place;
  • Public examinations into the affairs of companies in liquidation, including large corporate groups engaged in suspected illegal phoenix activity; and
  • Acting for builders, principals and subcontractors on respect of disputes under the Queensland Building and Construction Commission Act, Building and Construction Industry Payments Act, and Building Industry Fairness (Security for Payment) Act.

Ben's recent publications

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Defamation in bodies corporate

By: Ben Sandford

Development offences in bodies corporate

By: Ben Sandford

Queensland caretakers win again

By: Ben Sandford