melbourne Office P: +61 3 9604 7939

Ben Hine

Senior Associate


About Ben

Ben is industry recognised for his skills and experience defending claims and advising on coverage for professional indemnity, directors & officers (D&O), and management liability insurance policies.

With a professional indemnity practice focused on defending claims against a variety of professionals in the construction industry including architects, engineers (structural, geotechnical, fire safety) and building surveyors, Ben has established a reputation as a market expert in the sector. Additionally, Ben acts in regulatory prosecutions and civil claims pursuant to D&O cover, and has experience in defamation and class actions (defence and coverage).

Ben is known for his expertise in effectively using technology to manage large, complex litigation (across most Australian jurisdictions), employing his experience as an Associate at the Federal Court of Australia.

In 2017, Ben was awarded the Lawyers Weekly 30 Under 30 Award - Insurance and was a finalist in the Law Institute of Victoria's Top 10 Rising Stars Award. He also maintains a pro bono practice with a niche in litigation involving equitable claims to property.

Areas of Expertise

Financial Lines

  • Professional Indemnity
  • Directors & Officers
  • Management Liability
  • Regulatory Inquiry, Investigation or Prosecution

Pro Bono

Industry Representation

  • Construction & Infrastructure
  • Financial Institutions & Services
  • Professions & Business Solutions
  • Property & Real Estate

Ben's Experience

Directors & Officers

  • Defending two directors in a proceeding (Supreme Court) brought by a Big Four bank for alleged breaches of director’s duties and breach of contract valued at $53 million (approx.).
  • Defending a company director in two proceedings (Supreme Court) brought by receivers and liquidators for alleged breaches of director’s duties and complex equitable claims valued at $33 million (approx.). Ben also had conduct of the related prosecution by ASIC on appeal in the Federal Court.
  • Defending the directors of a large, international transport company in relation to claims made by liquidators for alleged insolvent trading and breach of director’s duties valued at $12 million (approx.).
  • Advising an insurer on coverage in a securities class action involving multiple insurance layers, competing policies (POSI / D&O) and allocation issues.

Professional Indemnity & Management Liability

  • Defending an engineering firm in a proceeding (Supreme Court) in relation to alleged defects in a major hospital valued at $10 million (approx.).
  • Defending an architect firm in a proceeding (VCAT) in relation to alleged defects in a residential apartment/hotel development valued at $12 million (approx.)
  • Acting for a high school Principal in a defamation proceeding (Supreme Court) including a successful application to expand the adverse party’s discovery obligations (Hanks v Johnston (No 3) [2016] VSC 629).
  • Defending an irrigation design company in a proceeding (County Court) in relation to alleged defects with an agricultural irrigation system valued at $5 million (approx.).
  • Investigating and pursuing a former employee of an insured’s business who stole $1.2 million (approx.) pursuant to fidelity cover, including a successful application (Supreme Court) for freezing (Mareva) orders.

Pro Bono

  • Defending a proceeding (Supreme Court) for a client facing a claim seeking possession of her house based on a mortgage given without the client’s knowledge, including resolving the proceeding on a “walk away” basis.
  • Acting in multiple claims regarding equitable interests in residential property for pro bono clients.

Professional Affiliations

  • Australian Insurance Law Association
  • Australian Professional Indemnity Group
  • Building Disputes Practitioners Society
  • Law Institute of Victoria
  • Young Insurance Professionals

Recognition

  • Law Institute of Victoria, Top 10 Rising Stars (2017)
  • Lawyers Weekly 30 Under 30 Awards, Insurance Category – Winner (2017)
  • Lawyers Weekly 30 Under 30 Awards, Insurance Category – Finalist (2016)