Ben Davidson is a highly experienced dispute resolution partner. He has been in practice for over 30 years and a partner for 20 years. He advises on strategy and risk management in respect of contentious matters. Ben is regarded for his ability to understand the commercial impacts on his clients’ operations. He has a track record in leveraging his deep knowledge and skills in legal strategy to tailor solutions for his clients that lead to favourable outcomes.
His focus is on major projects and infrastructure delivery, commercial disputes, and government/public law issues. He has extensive experience advising clients on a range of infrastructure and construction projects, investigations, prosecutions / Royal Commissions, environmental compliance, and regulatory matters (including where the quantum has exceeded several billion dollars).
Ben has held numerous leadership positions. He has been a director of a major national law firm (including as chair of the risk committee), a former chair and director of the Society of Construction Law Australia, a former chair and director of Gather My Crew, a not for profit providing support to people in crisis, and as a director of Lifebroker, an Australian insurance broker. He has acted as a general counsel of a Victorian Government Department, he is a Vincent Fairfax Fellow, a member of the Chartered Institute of Arbitrators and has lectured at several universities and institutions. He is an alum of several universities, including the Harvard Business School.
Ben has been a Chambers ranked lawyer in Construction since 2012 and has been named in Best Lawyers in Construction/Infrastructure (since 2013), International Arbitration (since 2019) and Litigation (since 2023). Ben has recently been named as a leading (Australia) and preeminent (Victoria) lawyer in Construction & Infrastructure Litigation in Doyle’s Guide.
Significant disputes Ben has been involved in include:
- Major Road/Tunnel Project: Advising the D&C JV on delivery of the PPP package for this $15.8 billion road tunnel project, procured utilising an Integrated Target Cost PPP structure.
- West Gate Tunnel - PFAS Disputes: Advising the JV in disputes with Project Co and the State of Victoria concerning a AU$6.7bn contract relating to the West Gate Tunnel Project. Sought and obtained a commercial resolution in excess of $4bn
- Waste/Water Plant: Advising on a range of claims related to a water plant in Queensland (claims of +$250m) arising from arbitral (ACICA) and litigation proceedings (Supreme Court of Qld).
- Bass Gas Arbitrations: Acting in ICC arbitral proceedings regarding the Bass Gas Project ($400m claims). The dispute related to the design and commissioning of an offshore platform in Bass Strait, sub-sea and land pipelines and a gas processing plant. Separately acted in several downstream international arbitral proceedings with various subcontractors (Simon Engineering and Nippon Steel) in relation to the construction of an offshore gas platform in Batam Indonesia.
- Minerva Gas Fields Dispute: Acted in a contractual dispute related to offshore, crossing and onshore HDD work undertaken for BHPB on the Minerva Gas Fields Project in Supreme Court of Victoria and Court of Appeal.
- BG: Advising on a range of disputes in respect of the Queensland Curtis Island LNG Facility, including: a Queensland Security of Payment regime claim and successful Supreme Court litigation to dismiss the outcome of the adjudication (approx. $80m); and ad hoc fast track arbitration (+$250m) and defence of appeal to the Qld Supreme Court. Several Dispute Resolution Boards conducted in Australia/UK with claim values of $500m.
- Australian Paper: Advising on issues arising from the State’s failure to supply timber under a long-term supply agreement.
- Orora: Advising on a range of contamination and site rectification issues in Queensland.
- Melbourne Wheel: Acting for ING (as owner of the development) in respect of claims arising from the defective design and construction of the Melbourne Wheel.
- Melbourne Metro: Advising in respect of significant claims under a PPP structured contract.
- Shell: Acting in an ICC Arbitration (with clams of +$1.6bn) regarding a high-pressure gas pipeline and facilities.
- Royal Hobart Hospital Redevelopment Project: Acting for the Managing Contractor in a dispute involving a rapid expert alternative dispute process, requiring each party to present its claims and relevant expert material for facilitation by former Chief Justice of Western Australia, the Hon. Wayne Martin AC QC.
- Davenport Showgrounds: Acting for a developer in respect of a dispute with Tas Racing on
- Marvel Stadium Redevelopment: Advising on a range of claims against the State and the AFL in respect of the redevelopment of Marvel stadium.
- Chadstone Redevelopment: Advising on issues related to the redevelopment of the Chadstone Shopping Centre.
- Subsea cables: Acting on the Anzon Manta/Baska Gas fields in respect of a dispute regarding sub-sea cables and defect claims.
- Tasmanian Gas Pipeline project: Acted on an infrastructure dispute arising out of the Tasmanian Gas Pipeline project. Acted on Security of Payment claims arising out of construction, services and major projects.
- Gas Pipeline Dispute: Advising a French company on various claims and disputes, including a major high pressure gas pipeline looping project between Victoria and NSW against APA. ICC Arbitration rules.
- International Arbitrations: Advising on an International arbitration regarding a defective equipment supplied to an Australian Project. Advising on an International arbitration (seated in New Zealand) regarding a latent condition in respect of an HDD crossing. Advising in relation to international enforcement issues of litigation and arbitration awards in an Australian/Canadian international Arbitration. Advising on international enforcement and cross border dispute issues arising from an international dispute.
- Digital Cinema Networks: Acting in Federal Court (and Full Federal Court) proceedings on a significant breach of director’s duties – arising from the syphoning of corporate opportunities.
- Legal Practice Board and The Legal Services Commissioner: Acting and advising in respect of various litigation in various matters arising from solicitors’ breach of trust and the practicing rules, including litigation involving misappropriation of trust funds and strike off and regulatory proceedings (including seeking contempt orders against practitioners).
- Minister – Victoria: Advising a Minister on the review of the Lord Mayor of Melbourne as a director of several Health agencies, because of conduct issues.
- Victorian Government: Acting in various reviews and investigations of agencies and individuals arising out of misconduct and failures to meet acquittals.
- Royal Commissions: Advising several clients regarding their response to and engagement with several Royal Commissions.
