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  • info@patrickassociates.com.au


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  • bp@patrickassociates.com.au

The principal of Patrick & Associates, Ben is a specialist litigator and problem solver. His hallmark has become giving clients the ability to run litigation with transparent pricing and knowledge of the risks. This approach maximises the chance of a successful outcome, and builds lasting relationships in difficult circumstances.

Ben runs matters across all Victorian and federal jurisdictions relating to commercial, property and personal disputes. He also advises clients in relation to regulatory, disciplinary or parliamentary inquiries and investigations. Working as an advocate, strategist and adviser, Ben weaves the strands of psychology and law to achieve outstanding results for clients.

Whenever possible, he is off with his family embracing an adventure. Ben has also coached Robin Bell to an Olympic bronze medal in canoe slalom, and Stuart Tripp, a Paralympic hand cyclist.


Articles by

Dealing with the Heavy Vehicle National Regulator

The road freight transport industry is governed by the Heavy Vehicle National Regulator (HVN Regulator).  The HVN Regulator is established through the Heavy Vehicle National Law (HVN Law).  Its jurisdiction ...
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Limitations of Actions

Limitations of Actions Act does not apply to claims in VCAT

The Supreme Court has recently determined that the Limitations of Actions Act 1958 (Vic) (LAA) does not apply to claims brought in VCAT.  Of even more startling news is that ...
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statutory limits building acts

Limitation periods for building actions

As with other civil claims, causes of action in relation to building work are subject to limitation periods which limit the time in which these claims may be commenced.  Limitation ...
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Fearless Girl still stands in Federation Square

State Street Global Advisors Trust Company v Maurice Blackburn Pty Ltd (No 2) [2021] FCA 137; State Street Global Advisors Trust Company v Maurice Blackburn Pty Ltd (No 3) [2021] ...
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online, anonymous, comments

Are the proposed changes enough to assist potential litigants?

The law in Australia has not yet caught up with the advent of social media.  It currently facilitates contributors in online environments to remain nameless and unaccountable.  Commentary and criticisms ...
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online reviews uncover

‘Hey, Google?’ A timely reminder from the Federal Court to ask questions about how to best uncover details of online reviews.

Many international social media companies hold key information about the authors of anonymous, online reviews to assist prospective litigants to consider whether substantive proceedings can and should be pursued in ...
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Granny flats and the definition of a dependent persons unit. What is a moveable building?

The recent Victorian Civil and Administrative Tribunal (VCAT) decision of Mornington Peninsula SC v Premier Homes Pty Ltd (Red Dot) [2021] VCAT 94 provides valuable insight for the interpretation of ...
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Registration and enforcement of foreign judgments in Victoria

There are many statutory, procedural and evidentiary requirements relevant to applications to register, recognise and enforce foreign and interstate judgments in Victoria. Interstate judgments can be enforced rather effortlessly in ...
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The other side is attempting to vacate the trial date. What can I do?

No party to litigation is entitled to run a ‘perfectly prepared’ case at trial. As Justice Finkelstein once stated: One of the primary objects of a commercial court is to ...
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Lacrosse Cladding Appeal: key findings and implications

On 26 March 2021, the Victorian Court of Appeal handed down the much-anticipated judgment in the matter of Tanah Merah Vic Pty Ltd & Ors v Owners Corporation No 1 ...
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Litigation or Adjudication: considerations when a payment claim includes excluded amounts

There are a number of considerations to take into account when choosing whether to enforce an amount due under a payment claim through the courts or through an adjudication application. ...
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Loss of the value of rights, or loss of opportunity: Talacko v Talacko

The case, Talacko v Talacko [2021] HCA 15, concerned the restitution of properties in Eastern Europe and the loss of opportunity to have those properties restored to family members in ...
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Can a payment claim include a claim for retentions due under the contract?

The judgment in Foursquare Construction Management Pty Ltd v Chevron Corporation Pty Ltd [2020] VCC 1928 is the most recent in a series of decisions in the last year which ...
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payment claim SOP

Can a payment claim include a claim for liquidated damages?

The Victorian Supreme Court case of VCON v Oliver Hume & Anor [2020] VSC 767 has confirmed the position in Victoria in relation to a claim for liquidated damages under ...
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AFCA determination complaint

Is my claim suitable for determination by AFCA?

We have recently submitted numerous complaints with the Australian Financial Complaints Authority, otherwise known by the acronym AFCA, on behalf of clients. Clients have expressed interest in going down this ...
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protection works construction

Protection Works

If your neighbour is undertaking building works close to the boundary of your property, the Building Act 1993 (Vic)(Building Act) may require them to carry out ‘protection works’ to ensure ...
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Payment claims clock

When does the clock start running? Service of payment claims via a cloud-based information system

In BCS Infrastructure Support Pty Ltd v Jones Lang Lasalle (NSW) Pty Ltd [2020] VSC 739, Stynes J considered the service of payment claims via a cloud network, and when ...
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claims couriers security

Security of payment claims and service by couriers

In Method Constructions Australia Pty Ltd v ABI Investment Holdings (Melbourne) Pty Ltd [2020] VCC 1797, Judicial Registrar Burchell considered whether a payment claim delivered by a courier was a ...
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Insurance policy full court

Biosecurity Act or Public Health and Wellbeing Act? Full Court considers the operation of an exclusion clause in an insurance policy

The consideration by the courts of exclusion clauses in insurance policies relating to pandemics is continuing. In this most recent decision, business losses caused by a state lockdown were held ...
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Policy holders quarantine

New South Wales Court of Appeal finds for policy holders over insurers

In a decision that is anticipated to have wide ramifications, the New South Wales Court of Appeal handed down a decision on 18 November 2020 in the case of HDI ...
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governement unfair contract

Government set to impose financial penalties on parties for ‘unfair contract terms’

It’s no secret that the Australian Consumer Law protects consumers and small businesses from unfair terms in contracts. For example, earlier this year, Uber Eats was forced to remove standard ...
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freezing orders employment

Warming to freezing orders – the protection of employment related intellectual property

A freezing order, or Mareva injunction, is a mechanism that can be imposed by a court to freeze another party’s assets. A party may apply for a freezing order prior ...
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probation period termination

The ultimate alibi? Probation periods and termination rights

Starting a new job can be a stressful experience.  What can add to stress levels is how few rights a new employee has during a probationary period. Fortunately, a probation ...
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Stand down invalid

Stand down ordered by private school ruled invalid by Fair Work Commission

The facts During May 2020, Peninsula Grammar in Mt Eliza moved to stand down dozens of its staff, telling them it could no longer afford to employ many of them ...
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Cladding on fire

Grenfell Tower Inquiry – What you may not know

On 14 June 2017, a fire started on the fourth floor of the 24-storey Grenfell Tower block of flats in North Kensington, West London killing 72 people. The Grenfell Tower ...
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Combustible Cladding – Progress notwithstanding a global pandemic

Combustible cladding has been at the forefront of the media and the building and legal industries since the Lacrosse tower fire in November 2014, Grenfell Tower inferno in June 2017 ...
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Payment claim

Claimants serving early payment claims be aware!

On 24 September 2019, Justice Digby of the Supreme Court of Victoria handed down his decision in MKA Bowen Investments Pty Ltd v Carelli Constructions Pty Ltd [2019] VSC 436.  ...
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Recruitment in the age of Facebook

At its very essence, Facebook’s mission is to connect people. While it may have started as a social tool, it has now become a powerful part of the recruitment process ...
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Interest on claims

SOP Act and interest on outstanding payment claims

The automatic 10% interest rate in the Building and Construction Industry Security of the Payment Act 2002 (Vic) (SOP Act) has been confirmed.  Even better, it automatically accrues from the ...
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