Areas of Practice
- Appellate
- Building and Construction
- Commercial
- Computer, Science and Technology law
- Conflict of laws
- Constitutional law
- Contract and Restitution
- Domestic and International Arbitration
- Equity
- Intellectual Property
- International law
- Media and Telecommunications law
- Public and Administrative law
- Trade Practices
Ben has appeared in a number of notable cases in areas including equity (Friend v Brooker (2009) 239 CLR 129; Grimaldi v Chameleon Mining NL [No 2] (2012) 200 FCR 296), restitution (Lumbers v W Cook Builders Pty Ltd (In Liq) (2008) 232 CLR 635), tort (Talacko v Talacko (2021) 272 CLR 478), constitutional law (Qarase & Ors v Bainimarama & Ors [2008] FJHC 241) and intellectual property (CA Inc v ISI Pty Ltd (2012) 201 FCR 23).
Personal Background
From 2001 to 2006, Ben worked as a solicitor at Freehills in Sydney. He was a Senior Associate in the Litigation Group, having also spent 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 with a thesis entitled “Illegal Transactions”. In 1996, he 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 (1995). He was a bronze medallist at the International Chemistry Olympiad in Paris in 1990 and co-team leader in Beijing in 1995.
Ben is a Board member and past Chair and Deputy Chair of Australian Science Innovations, an independent not-for-profit organisation that runs the Australian Science Olympiad Competitions and Curious Minds. He has also been a computer programmer for over twenty-five years.
Publications
- “The origin of the usual undertaking as to damages when obtaining interlocutory injunctive relief” (2024) 17 Journal of Equity 211
- “Equity and the common counts: the development of the action for money had and received”, in Equity and the Law: Fusion and Fission (Goldberg, Smith and Turner (eds), 2019)
- “Equity and monetary remedies for patent infringement: The development of the account of profits” (2018) 12 Journal of Equity 168
- “Lord Mansfield”, in Historical Foundations of Australian Law, vol 2, (Federation Press, 2013)
- Book Review: “Restatement (Third) of Restitution and Unjust Enrichment” (2011) 35 Melbourne University Law Review 1197
- “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 Property 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
Education
DPhil (Oxon) - 2001
LLB (Hons) (Syd) - 1996
BSc (Hons) (Syd) - 1994