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.
The recent Supreme Court of Queensland decision of DCZ Early Learning Pty Ltd v Semper Mortgage Management Pty Ltd, provides a useful illustration of the risks that businesses face as a result of the unfair contract term regime and the things that businesses must prove to successfully defend a claim.
Parties to commercial contracts commonly agree on dispute resolution processes to seek to avoid court proceedings in the event of a dispute. These often provide very limited scope for an unsuccessful party to challenge the result. A recent Queensland case illustrates the risks for unsuccessful parties in the context of an expert determination clause.
This achievement is a testament to the dedication and expertise of our entire litigation and dispute resolution team, who have continued to provide outstanding service to clients throughout FY24.
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.