Ben McPherson

Special Counsel

LLB, BA (Geography and Classics)
Admitted in Western Australia (2012) and New Zealand (2010)

Contact details
Telephone: +61 8 6168 5631

Ben practises in general commercial law and commercial property law. He has particular experience advising in the areas of business acquisitions (buyer and seller), hospitality and events, franchising, start-ups & ecommerce, data and privacy, PPSA compliance and commercial and retail leasing.

Ben has extensive experience in drafting and negotiating agreements of all kinds, including sale and purchase of business agreements, sale of goods/services agreements, franchise agreements, intellectual property licences, property sale agreements, shareholder/unitholder agreements and distribution agreements, with a focus on achieving the commercial outcomes desired by his clients.

Ben also has experience in construction law, including construction contracts (negotiating, preparing and reviewing) and construction disputes (including adjudications).

Ben prides himself on delivering clear and practical legal advice to his clients which range from sole traders and small business owners to large corporates.

Outside of law, Ben enjoys a wide range of sports including golf, tennis, squash and basketball and can otherwise be found enjoying one of WA’s many beaches or other outdoor locations.

Examples of recent matters:

  • Acted for the buyer on the acquisition of several bars and nightclubs
  • Acted for the seller on the sale of a large agricultural and horticultural business
  • Prepared a joint venture agreement between a large sporting organisation and an events company
  • Drafted various agreements for a website development company with a particular emphasis on protection of intellectual property (including software and codes) including website development agreements, confidentiality agreements, scoping agreements and employment agreements
  • Assisted start-up businesses with various issues including structuring of the business, preparation of core documents (service agreements, terms and conditions and privacy policies), advising on privacy and data protection issues and advising on human resource / employment issues
  • Acted for a large equipment hire company on PPSA matters relating to their customers and subcontractors
  • Advised on risk mitigation procedures and policies for a large survey company
  • Advised on a joint venture between a finance broker and accountancy firm
  • Advised on the transition of a sports business to a franchise model and drafted franchise documents including the franchise agreement, disclosure document (and supporting documents) and operations manual
  • Acted for a childcare operator on business sale, leasing and land sale matters
  • Advised a large international business on the establishment of a distribution network in Australia including preparation of relevant agreements