List G Br 4705

Benjamin Ryde

Bar roll 2013 Admitted 2008
  • Commercial Law Employment & Industrial
  • Tort Law
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Ben Ryde has a broad commercial practice with a focus on corporations, insolvency, tort, contract, trade practices and employment law

Ben has appeared (unled) in the Supreme Court, Federal Circuit Court, County Court, Magistrates' Court of Victoria and VCAT. He has also been briefed to draft opinions on matters associated with the Corporations Act, the Australian Consumer Law and the Limitation of Actions Act.

Prior to joining the Bar, Ben practised as a commercial litigator with Linklaters in London (2011-2013) and with Allens in Melbourne (2007-2011).  Ben was an associate to the Honourable Justice Sundberg of the Federal Court (2009-2010) where he worked on a number of high profile commercial cases. Ben holds a Bachelor of Laws (Honours) and a Bachelor of Business Systems from Monash University. Ben has also completed masters subjects in Financial Markets and Economics and Securities Law. 

From 24 Oct 2013, liability limited by a scheme approved under Professional Standards legislation

Expertise

Commercial Law
  • Appellate
  • Aviation
  • Banking & Finance
  • Bankruptcy
  • Building & Construction
  • Class Actions
  • Commercial Arbitration
  • Competition
  • Consumer Credit
  • Consumer Law
  • Contractual Disputes
  • Corporate Insolvency
  • Corporations & Securities
  • Energy & Resources
  • Equity & Trusts
  • Insurance
  • Real Property
  • Residential & Retail Tenancies
  • Sports Law
  • Superannuation
Employment & Industrial
  • Appellate
  • Employment Contracts
  • Restraint of Trade
Tort Law
  • Appellate
  • Class Actions
  • Commissions & Inquiries
  • Common Law
  • Major Torts
  • Negligence
  • Personal Injury
  • Product Liability
  • Professional Negligence

Qualifications

Qualifications

Bachelor of Laws (Hons)(Mon)

Bachelor of Business Systems (Mon)

Admitted

Victoria

Entitled to practise in

State and Territory Courts and Tribunals

Federal Court of Australia

High Court of Australia

Recent Cases

Some major matters in which Ben has acted since coming to the Bar include

Acting for real estate partnership in a Supreme Court proceeding alleging breaches of fiduciary duty and statutory director's duties against former partner (led by David Collins QC).  

Acting for group of companies in a Supreme Court proceeding alleging breaches of equitable and and general law duties by former directors (led by Kevin Lyons QC and Justin Tomlinson). 

Acting for minority shareholder alleging oppression and seeking interlocutory and final relief in the Supreme Court to prevent board resolution declaring a preferential dividend (led by Bernie Quinn QC).

Acting for purchaser in sale of business alleging misleading and deceptive conduct (led by Matt Collins QC and Stephen Parmenter).

Acting for Leighton Holdings Ltd in Supreme Court representative proceedings issued against it for alleged breaches of the Corporations Act and Listing Rules (led by Charles Scerri QC and Stephen Parmenter).

Acting for company in two related Supreme Court proceedings brought against former senior employees for breaches of restraint of trade, confidentiality and implied duties of employment (led by Rodney Garratt QC).

Defending two related actions (one in the County Court of Victoria and the other in the Adelaide Magistrates’ Court) for breach of contract in relation to the administration of a managed investment scheme.

Acting for liquidators of MoneyChoice Pty Ltd (in liq) in seeking to amend pleadings in Supreme Court proceedings alleging unreasonable director-related transactions and breaches of fiduciary duty by director (led by Carrie Rome–Sievers).

Defending an action in the NSW Supreme Court in relation to a breach of settlement agreement and the interpretation of clauses including a covenant not to sue.

Federal Court proceeding brought by an employee against the CFMEU for adverse action on the grounds of political opinion (led by R Niall QC).

Assisting on matter for Australian Super in Supreme Court proceedings against the Future Fund alleging breach of contract and misleading conduct in relation to valuation given to assets in the context of pre-emptive rights existing in relation to certain assets (led by Matthew Connock QC and Nick De Young).

Acting for a shareholder in Supreme Court proceedings alleging oppression and seeking orders that the shares be acquired at fair value or company wound up.  

Acting for a trustee in Supreme Court proceeding seeking orders pursuant to Trustee Act and the Court Rules following misplaced trust deed (led by Anthony Rodbard-Bean).  

Acting in Supreme Court proceedings issued by a mortgagor seeking to set aside a loan and mortgage pursuant to, amongst other things, responsible lending provisions (led by Anthony Rodbard–Bean).

Acting for ESSSuper defending an administrative appeal in VCAT brought by the estate of member of fund.

Several proceedings in Supreme Court and Federal Circuit Court seeking (or defending) orders for winding up or sequestration. 

Several proceedings in the VCAT Building and Property List in relation to defective work.  Acting for both the contractor and proprietor. 

Some recent matters in which Ben has acted prior to coming to the Bar include

Acting for Goldman Sachs defending a professional negligence action relating to, amongst other things, the management of a pension fund during the financial crisis in 2008.

Acting for News International in relation to the parliamentary inquiry and civil claims arising from the phone hacking scandal in the United Kingdom.

Acting for The Royal Bank of Scotland in relation to claims of mis-selling a financial product known as a Constant Proportionate Debt Obligation (CPDO).

Acting for KPMG in its defence against a substantial claim brought by ASIC for alleged breaches of its financial services licence.

Acting for ANZ in defending a substantial claim brought by company liquidators alleging breaches of the corporations law. 

Memberships

Victorian Bar - Commercial Bar Association