BEN COHEN
Managing Partner
Phone: +61 7 3831 9448
Email: benc@bartleylaw.com
Ben is a highly sought after Brisbane based legal practitioner, who has practiced extensively in commercial and insurance litigation throughout Australia since 1997.
Ben has a broad and varied commercial litigation practice, placing a particular emphasis on claims against company directors and officers, lawyers’ professional negligence claims, and disciplinary proceedings. Ben has particular experience acting in large and complex, multi-party and/or high value, commercial disputes of all types, including involving cross-jurisdictional issues or parties. Ben regularly appears as advocate for his clients in court, including in high-value, complex matters.
Ben is trusted because of his extensive knowledge and reputation for excellence, and his known skill for dealing with complex, confidential and sensitive disputes. Ben’s services are regularly requested and called upon by senior members of the profession, including in claims of a personal nature and professional indemnity claims.
Ben has been a Queensland Law Society Accredited Specialist in Commercial Litigation since 2006, a nationally recognised mark of excellence.
Ben is a member and former Chair (2017 to 2021) of the Queensland Law Society Ethics Committee. He was, for a number of years, a member of the Queensland Law Society ADR Committee.
Qualifications >
- Solicitor of the High Court of Australia
- Solicitor of the Supreme Court of Queensland
- Bachelor of Laws – University of Queensland
- Bachelor of Commerce – University of Queensland
Accolades >
Experience >
- Acting for a director in defence of proceedings by ASIC against the directors of a corporate trustee of a managed investment scheme conducting business worldwide, in relation to a loan made to a related entity for $280 million. Claim dismissed.
- Acting for the founder and former CEO of Oaks Hotels (and associated entities) in a $20+ million claim involving 42 parties for alleged wrongful termination of employment for serious misconduct, and in response to a counterclaim concerning buyback rights under an Incentive Agreement.
- Acting in the defence of proceedings (and in related proceedings) concerning the responsible entity for a registered scheme under the Corporations Act and breaches under s 601FC.
- Acted for a senior former director/CEO/Deputy CEO alleged to have brought about the contraventions or to have derivative liability for them. Claim in the hundreds of millions.
- Acting for a senior mining executive in a contractual claim for millions of dollars relating to bonuses allegedly earned but not paid.
- Acting in a Supreme Court of Queensland oppression proceeding involving company assets in excess of $15 million.
- Acting for various insurers (particularly professional indemnity) concerning litigated claims and policy coverage disputes.
- Acting for solicitors in disciplinary complaints and in other dealings with the Queensland Law Society.
- Acting in a joint venture / shareholder dispute in connection with the operation of tourism businesses in Bali and on the Gold Coast involving issues of compliance with Indonesian law. Combined business values in excess of $40 million.
- Acting on behalf of a developer of a significant land holding in northern New South Wales, and its director, against 13 defendants including local council, surveyors, town planners, engineers and land development consultants. Alleged loss of opportunity to develop the land and earn associated profits, with losses totalling $31+ million.
- Acting in a claim against a global law firm by a leading Australian private property development company in relation to the drafting of a construction contract alleged to have created an unnecessary risk that a liquidated damages clause would be found void or unenforceable. Damages quantified at around $50 million.
- Acting on behalf of solicitors in a claim for breach of contract and negligence in relation to advice given concerning the relinquishment of interests by the plaintiff in companies and trusts that owned pastoral properties and carried on businesses in the cattle industry, in exchange for the acquisition of certain properties and release from a debt of $18.5 million.
- Acting for a wealthy Chinese foreign national in two substantial Supreme Court proceedings involving claims regarding alleged loans, constructive and resulting trusts, breaches of fiduciary duty, dishonesty, fraud and the like.