Ben Kremer

Barrister

Telephone number

+61 2 9232 1309

Facsimile

+61 2 9335 3515

Email

ben@benkremer.com

Address

Sixth Floor Selborne Wentworth Chambers

Level 6, 174 Phillip Street

SYDNEY NSW 2000

DX: 382 Sydney

Education

DPhil (Oxon)

LLB (Hons) (Syd)

BSc (Hons) (Syd)

Personal Background

Prior to coming to the bar in 2006, Ben was a Senior Associate in the Litigation Group of Freehills in Sydney. He practised at Freehills for five years, including a year in the Intellectual Property section of the Corporate Group. In 2000, Ben was the Associate to Justice William Gummow AC of the High Court of Australia.

He obtained his doctorate from Magdalen College, Oxford, on a Commonwealth Scholarship. His thesis, titled "Illegal Transactions", examined the defence of illegality to claims made in contract, equity, restitution and tort. In 1996, Ben was a member of the University of Sydney team that won the Philip C Jessup International Law Moot Court Competition, and was awarded the prize for Best Oralist in the International Rounds. He received the University Medal in Law (1996), the University Medal in Organic Chemistry (1994), and the University of Sydney Convocation Medal in 1995.

Ben is a member of the NSW Society for Computers and the Law, the Selden Society, and the Australian Association of Constitutional Law. He was a member of the Law Society of New South Wales' Legal Technology Committee (2004-2006) and its Business Law Committee (2004), and has taught part time in the LLM programme at the University of Sydney. Ben was a bronze medallist at the International Chemistry Olympiad in Paris in 1990.

Publications

• “Open Source Software: What is it, and how does it work?” (2004) 55 Computers & Law 16.
• (with Rebecca Davies) “Pre-Trial Discovery: Order 15A of the Federal Court Rules” (2004) 24 Australian Bar Review 235.
• (with Adam Liberman) “Australia-United States Free Trade Agreement: Time to Rethink the Law Regarding Exclusive Licences of Patents and Copyright?” (2004) 17 Intellectual Proprety Law Bulletin 28.
• “Unjust Enrichment and Unconscientiousness: A Different View” (2003) 119 Law Quarterly Review 188.
• “The Action for Money Had and Received” (2001) 17 Journal of Contract Law 93.
• “Recovering Money Paid Under Void Contracts: ‘Absence of Consideration’ and Failure of Consideration (2001) 17 Journal of Contract Law 37.
• “Copyright Protection of Computer Programs” [2000] 6 European Intellectual Property Review 292.
• “Estoppel and Illegal Contracts” (1999) 26 Journal of Malaysian and Comparative Law 149.
• “Copyright and Computer Programs: Data Access v Powerflex Before the High Court” (1997) 20 Sydney Law Review 296.
• “An ‘Unruly Horse’ in a ‘Shadowy World’?: The Law of Illegality after Nelson v Nelson” (1997) 19 Sydney Law Review 240.
• “27th International Chemistry Olympiad, Beijing 1995”, Chemistry in Australia February 1996, p. 105.

Areas of Practice

• Appellate
• Building and Construction
• Commercial
• Computer and Technology law
• Conflict of laws
• Constitutional law
• Equity
• Intellectual Property
• International law
• Media and Telecommunications law
• Trade Practices

Fees

On application to the Clerk, Lisa Stewart. (Telephone: +61 2 9221 5604; Fax: +61 2 9233 3902; Email: lstewart@sixthfloor.com.au).