Ben Kiely

Ben Kiely

Ben is a Partner in our Melbourne centre, who helps clients navigate difficult and complex commercial disputes.

He regularly advises clients on contractual interpretation issues, and on disputes about the performance of contracts. He has also acted in many consumer protection matters, regulatory disputes and contentious health care matters.

Clients describe him as “fantastic … and a highly experienced litigator”, with a “very professional manner that made what was an incredibly stressful and high pressure environment much more manageable”, and as someone who is “exceptionally commercial and pragmatic … always focused on the main game”.

  • Lochard Energy — representing Lochard in a $967M damages claim against EnergyAustralia for breach of warranties and for misleading and deceptive conduct arising out of EA’s 2015 sale of the Iona Gas Storage Facility for $1.78B.
  • Medibank — defending Medibank in strategically significant Federal Court proceedings, and on appeal, against ACCC allegations of misleading and unconscionable conduct arising out of changes to diagnostic services arrangements. 
  • ASX20 companies — advising on disputes with suppliers of business critical technology platforms, and their termination.
  • Leading specialist tertiary institution — successfully negotiated resolution of regulator’s concerns, avoiding the need for court proceedings.
  • Ben has an active public law practice, representing the Chief Justice of Nauru during Nauru’s constitutional crisis, and the successful plaintiffs in Rowe v Electoral Commissioner, an urgent High Court constitutional challenge that enabled 100,000 additional Australians to vote.

Location

Legal insights

In Roo Roofing Pty Ltd & Anor v The Commonwealth of Australia [2019] VSC 331, the Supreme Court of Victoria has refused to find that the Federal Government had to take reasonable care in the design...

14 June 2019

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