Benjamin Fry

Profile

Benjamin practices in commercial litigation, with a particular focus on corporations law, insolvency, trade practices, insurance and equity. 

Since coming to the bar, Benjamin has been briefed, both led and unled, in a variety of commercial disputes in all forums. A summary of his recent and ongoing matters can be found here. They include:

General Commercial

• Banking and finance litigation, including in relation to responsible lending laws;
• Professional negligence claims;
• Contractual disputes involving, for example, contracts for goods and services, joint ventures, partnerships, interests in real property, sale of business, loans, and guarantees;
• Trade practices litigation including misleading and deceptive conduct claims, consumer protection claims and statutory unconscionability.
• All manner of interlocutory disputes including applications about pleadings, summary judgment, joinder, security for costs, subpoenas and discovery.

Corporations, and Corporate Insolvency

• Litigation involving disputes between shareholders, and shareholder oppression claims;
• Claims for breaches of director’s duties, including insolvent trading claims;
• Litigation relating to company administration, and deeds of company arrangements;
• All aspects of company liquidation, including voidable transaction claims, administrator and liquidator remuneration claims, and priority disputes, including as to the operation of the PPSA;
• Public examinations; and
• Contested statutory demands and winding up applications, including applications to terminate a winding up.

Personal Insolvency

• Recovery actions and voidable transaction claims in bankruptcy;
• Public examinations; and
• Contested bankruptcy notices and creditor’s petitions.

Building and Construction

• Large multi-party commercial disputes;
• Domestic building disputes; and
• Claims for and against Owner’s Corporations.

Equity

• Litigation involving real property, and resulting and constructive trusts;
• Fiduciary duty claims, and claims relating to the misuse of confidential information;
• Various applications in the practice court, including applications for freezing orders and other forms of injunctive relief.

Previously, Benjamin worked as a senior associate at a boutique insolvency firm in Sydney. As a solicitor Benjamin regularly conducted his own advocacy, and had carriage of numerous complex disputes in the superior Courts.

He holds a Bachelor of Laws and Media Studies from La Trobe University, and has completed the ARITA Advanced Certification, the specialist accreditation for restructuring and insolvency professionals. 

Benjamin read with Sam Hay QC.