Partner

Ben Patrick

Ben is a specialist litigator and problem solver. His hallmark has become giving clients the ability to run litigation with transparent pricing and knowledge of the risks. This approach maximises the chance of a successful outcome and builds lasting relationships in difficult circumstances.

Ben runs matters across all Victorian and federal jurisdictions relating to commercial, property and personal disputes. He also advises clients in relation to regulatory, disciplinary or parliamentary inquiries and investigations. Working as an advocate, strategist and adviser, Ben weaves the strands of strategy and law to achieve outstanding results for clients.

His greatest passion is taking on cases with complex factual and legal issues. He has run matters successfully all the way to the High Court when required to ensure that clients obtain the best possible outcome.

Expertise

Ben’s expertise includes:

  • Early resolution of litigation through the use of alternative dispute resolution strategies
  • Commercial disputes, such as shareholder disputes, contractual interpretation, misleading and deceptive conduct claims and breaches of confidence
  • Property disputes, including equitable interests in property, easements, nuisance, the sale of land, developments and property contamination.
  • Cybercrime and fraud, including the recovery of funds obtained by fraud and the freezing of assets
  • International judgment recognition and enforcement
  • Building and construction, including building contract disputes, Security of Payment Act claims and adjudications, defective building work and insurance claims relating to insolvent builders
  • Professional negligence claims in relation to building professionals, accountants and auditors, lawyers or financial advisors
  • Administrative law, including appeals, judicial review, freedom of information requests, Royal Commissions and public inquiries, and statutory interpretation
  • Public law, acting for local councils

Recent Projects

  • Successfully defending an appeal to the High Court in relation to a $10 million judgment relating to properties in the Czech Republic, bringing to an end litigation that had been on foot in Australia for 24 years.
  • Acting in the Full Federal Court in an appeal defending allegations of misleading and deceptive conduct regarding a digital render used in marketing materials.
  • Acting in a challenge to the legitimacy of the appointment of administrators over the Victorian ALP.
  • Acting in a family dispute regarding the alleged joint ownership of property, including allegations of fraud and forging of signatures
  • Recovery of funds from cyber criminals through civil recovery proceedings.
  • Acting for former directors of Oliver Hume in relation to allegations of breaches of directors’ duties.
  • Acting for significant subcontractors in disputes regarding the alleged repudiation of a subcontractor agreement and claims pursuant to the Security of Payment Act.
  • Successfully defending a manufacturer of granny flats against orders requiring the removal of dependent person units on the basis that they were not designed to be moved on more than one occasion.

location

Melbourne

Partner

Jason McCubbin

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