Ben Williams is a special counsel in Cooper Grace Ward’s litigation and dispute resolution group.
Ben’s experience has broadly focused on insolvency related matters and dispute resolution.
This insolvency experience has included advising clients in relation to liquidations, administrations, receiverships, deeds of company arrangements and bankruptcy appointments. He has also acted in proceedings for the appointment or replacement of insolvency practitioners, investigating and identifying insolvency related claims, examining directors and other relevant persons and prosecuting and defending related claims.
In relation to Ben’s general dispute resolution experience, Ben has advised clients in relation to breaches of directors’ duties, trust disputes, proceedings under the Corporations Act 2001 (Cth) and the various taxation administration acts, contract disputes, misleading and deceptive conduct claims, defamation, professional negligence and property disputes.
As well as working for a national law firms in Australia, Ben has worked on secondment with the Australian Securities and Investments Commission and has more recently worked in-house for a firm of insolvency practitioners.
Ben has been involved in the successful resolution of numerous commercial disputes, including large disputes through Court processes and through alternative dispute resolution. Ben has acted for clients in jurisdictions across Australia, in the Federal and High Courts and has advised on matters requiring multi-jurisdictional and international engagement.
Defamation actions include a ‘serious harm’ threshold that often enables respondents to more readily dispose of complaints that do not result in significant damage to the claimant’s reputation. The recent decision in Peros v Blackburn highlights one pitfall for parties defending defamation actions in seeking separate ‘serious harm’ hearings in the Federal Court, and raises whether the Federal Court Rules require amendment to better align with the defamation legislation of the states and territories.
The digital age has certainly enhanced our ability to convey information, something that is very important in the building and construction industry. However, technology can also create pitfalls, particularly when it comes to claims under the Building Industry Fairness (Security of Payment) Act 2017 (Qld), where compliance with technicalities is critical. The case of Iris Broadbeach Pty Ltd v Descon Group Australia Pty Ltd gives a recent illustration.
Business sales are often fertile ground for allegations of contraventions of the Australian Consumer Law, but it will take more than a misleading statement for a court to grant relief. A recent Queensland Court of Appeal case demonstrates a common scenario.
Cooper Grace Ward acknowledges and pays respect to the past, present and future Traditional Custodians and Elders of this nation and the continuation of cultural, spiritual and educational practices of Aboriginal and Torres Strait Islander peoples.
Fast, accurate and flexible entities including companies, self-managed superannuation funds and trusts.