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Clifford Chance

Ben Luscombe

Ben Luscombe

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Ben Luscombe

Ben Luscombe leads the Litigation and Dispute Resolution practice in Perth. He has over 38 years' experience representing parties in major arbitrations, major litigation, dispute resolution/advisory and regulatory investigations throughout Australia and Asia for a wide variety of international and domestic companies and high net worth families.

Ben is recognised as a leading expert in Dispute Resolution and is ranked across major legal directories including Chambers Asia Pacific, Asia Pacific Legal 500 and Doyles Guide. Ben receives an exceptional level of positive feedback from clients testifying to his position as "one of the top litigators in the Perth market," with a special flair for the handling of highly complex energy and resources-related mandates, notably including arbitrated as well as litigated matters.

Ben has been recognised by his peers as a top lawyer in the litigation category of The Best Lawyers in Australia each year since 2010 and was recognised by the market and his peers as the best arbitration lawyer in Western Australia (Best Lawyers 2016).

  • Wright family, in its successful high-profile defence of an inheritance claim made against the estate (which included appeal proceedings). The estate was estimated at about AU$1 billion, making it the largest case of its kind in Australia. It has been the subject of extensive legal commentary and press. The Court of Appeal decision, in particular, is of immense interest to all trust & estate lawyers in Australia
  • Quadrant Energy Ltd in various disputes with its joint venture partner in respect of one of Australia's largest domestic gas hubs
  • Saipem SA in a major arbitration in relation to the Gorgon Jetty Project (value is confidential)
  • Churchill Mining plc and Planet Mining Pty Ltd in an ongoing consolidated ICSID arbitration against the Republic of Indonesia concerning the East Kutai Coal Project in Kalimantan, the investors’ claims being brought under the UK-Indonesia and Australia-Indonesia bilateral investment treaties respectively (ICSID Case No. ARB/12/14 and ARB/12/40)
  • Cortec (Pty) Ltd, Stirling Capital Ltd and Cortec Mining Kenya Ltd in an ICSID arbitration against the Republic of Kenya, the dispute arising out of the expropriation of a rare earth mine and other measures taken by the host State in alleged violation of the UK-Kenya BIT (ICSID Case No. ARB/15/29)
  • Advising an Australian listed mining company in relation to a potential claim under a Free Trade Agreement
  • Lanco Infratech Ltd, an Indian listed company, in successfully defending a US$3.5 billion breach of contract claim. This dispute concerned a coal supply agreement with Griffin Coal, acquired by Lanco in 2011 (the acquisition was then the largest investment ever made by an Indian company in Western Australia)
  • Apache in its (successful) defence of a criminal prosecution and related civil claims (for US$2.4 billion) arising from the 2008 gas explosion at Varanus Island in Western Australia
  • Apache Corporation on the sale of its Australian oil & gas business to a consortium of private equity funds managed by Macquarie Capital Group Limited and Brookfield Asset Management for US$2.1 billion (Oil & Gas Council Deal of the Year)
  • Apache Corporation on its US$3.75 billion sale of interests in LNG projects in Australia (Wheatstone) and Canada (Kitimat) to Woodside Petroleum Limited
  • Apache Corporation and Quadrant Energy in the successful resolution of disputes arising from the sale of assets to Woodside Petroleum Ltd
  • A director of Forge Group Limited, in defending director duties proceedings in the Supreme Court of NSW and related proceedings in the Supreme Court of WA brought about by the collapse of the company. Prior to its collapse, Forge was a major player in the mining and energy sectors in WA
  • Shell on the sale of its Australian assets (US$4 billion) and on various related contentious matters
  • BHP Billiton Ltd in various contentious matters

Contact details

Career and qualifications

  • University of Adelaide (LLB) 1981
  • South Australian Institute of Technology (GDLP) 1982
  • Admitted as a solicitor in South Australia 1982, Western Australia 1985, Victoria 1995, New South Wales 1996
  • Partner, Mallesons Stephen Jaques 1991
  • Australian Institute of Company Directors (Diploma) 1992
  • Appointed as a General Public Notary for the State of Western Australia 2008
  • Partner, Cochrane Lishman Carson Luscombe 2010
  • Joined Clifford Chance as a Partner 2011