BARRISTER

Ben Fogarty

(02) 8590 5182
0432 414 765
Admitted as Solicitor

1999

Called to the Bar

2011

Since coming to the bar in October 2011 Ben has advised and appeared in a broad range of matters. His focus areas of practice are:

  • Criminal law
  • Inquests
  • Guardianship and Mental Health
  • Discrimination, Disability and Human Rights
  • Employment and Industrial Relations
  • Police torts
  • Administrative law
  • Tenancy law

Ben also appears in Coronial Inquests and Commissions of Inquiry. In 2021 and 2022, Ben was junior Counsel Assisting the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability.

Ben accepts direct access briefs. He also advises and appears for Legal Aid and Aboriginal Legal Service clients on a regular basis. Ben also does some advice and appearance work pro bono, subject to his capacity and the nature of the matter and the client’s circumstances.

Prior to the bar, Ben worked extensively in the community legal and pro bono sectors, including at the Homeless Persons’ Legal Service, the Intellectual Disability Rights Service, Darwin Community Legal Service, Redfern Legal Centre and the Pro Bono Team at Gilbert+Tobin. In the community legal sector Ben practised in discrimination, criminal, guardianship, tenancy, employment and administrative law.

Ben has published a number of articles in the Law Society Journal and the Alternative Law Journal on discrimination law, employment law and disability rights. He has also written chapters and booklets for the community legal sector on guardianship and financial management law and disability rights.

Ben also taught criminal law (as a part-time lecturer) at the Universities of Sydney and New South Wales between 2004 and 2012.

Providing Guidance In

Civil, Commercial & Equity

Family Provision & Succession

Common Law

Intentional Torts

Criminal Law

Criminal Law (General), Work, Health & Safety

Inquests & Inquiries

Commissions, Coronial, Inquests & Inquiries

Mental Health Law

Mental Health Law

Public & Administrative Law

Administrative Law, Appellate (Public & Administrative Law), Discrimination Law, Human Rights, Professional Disciplinary Proceedings

Member of

NSW Bar Association
NSW Bar Association Accessibility Panel Committee
NSW Bar Association Human Rights Committee

SYDNEY

Black Chambers
Wallamulla, Gadigal Country
Suite 204, Level 2
185 Elizabeth Street
Sydney NSW 2000
Australia

Cases
  • Inquest into the death of Mohamed Warwar, Counsel-Assisting, coram DSC O’Neil (2024)
  • Inquest into the death of BG, Counsel for the family, coram DSC Baptie (2024)
  • Inquest into the death of DB, Counsel for DCJ, coram DSC Grahame (2023-2024)
  • Inquest into the death of John O’Donnell, Counsel for DCJ, coram DSC Kennedy (2023)
  • Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, 2021-2022, Junior Counsel-Assisting
  • Mattiazzo v Commonwealth Bank of Australia (FCCA SYG630/2018) and Innes v Commonwealth Bank of Australia (FCCA SYG627/2018) (disability discrimination)
  • DHZ v Children’s Guardian [2019] NSWCATAD 13
  • DKD v Children’s Guardian [2019] NSWCATAD 33
  • CFW v Children’s Guardian [2016] NSWCATAD 76
  • CTF v Children’s Guardian [2017] NSWCATAD 184
  • Lyons v State of Queensland [2016] HCA 38 (disability discrimination)
  • Innes v Rail Corporation of NSW (No 2) [2013] FMCA 36 (disability discrimination)
  • Loke v NSW Department of Education and Communities [2015] NSWCATAD 111 (race discrimination)
  • BKG v Children’s Guardian [2015] NSWCATAD 75
  • Lawson v State of New South Wales (Housing NSW) [2013] NSWADTAP 5 (disability discrimination)
  • Hinton v Alpha Westmead Private Hospital Pty Ltd [2016] FCAFC 107 (disability discrimination)
  • Shafaq v Milez Trading Group Pty Ltd and Anor [2016] FCCA 2135 (Fair Work division – underpayment)