Ben Fogarty was called to the bar in October 2011. Prior to commencing at the bar, Ben was the Senior Solicitor at the Homeless Persons’ Legal Service in Sydney. He has quite a deal of experience working in the community legal sector, having been the principal solicitor of the Intellectual Disability Rights Service, the outreach solicitor at the Darwin Community Legal Service, the principal solicitor of the NSW Disability Discrimination Legal Centre and a solicitor at Redfern Legal Centre and the Inner City Legal Centre. Ben’s work in the community legal sector has covered a very broad range of laws – including discrimination, criminal, guardianship, tenancy, consumer, 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.
In 2010 and 2011 Ben was the Acting Director of Pro Bono at Gilbert+Tobin where he broadened his legal experience working on refugee, sexual harassment, defamation and corporate governance matters. From 1999 to 2003 Ben worked at Mallesons in the insurance and intellectual property groups.
Ben also taught criminal law at the University of New South Wales between 2005 and 2011.
Fogarty, B., ‘Consolidation of federal and anti-discrimination laws’, Workplace Review (2012) 3 WR 9.
Fogarty, B., ‘Death and disability discrimination: A matter of interpretation’ (2012) March, 50(2) Law Society Journal 67-69.
Fogarty, B., ‘Lessons to learn in disability discrimination litigation’, (2011) December, 47(3) Law Society Journal 70-73.
Disability discrimination in education – The law, duties on you and practical tips’ – NSW Department of Education and Communities – South Coast Network – 2014 and 2015
‘Giving Evidence in Court and Other Hearings: How to Prepare and What to Expect’ – LawSense ‘Law for School Counsellors’ seminar, Sydney – 8 October 2014
UNSW and University of Sydney Law Schools’ ‘Social Justice Conference’ – 16 August 2014
‘Examining legal issues associated with discrimination of students with disabilities’ – LawSense ‘School Law’ seminar, Sydney – 2 September 2014
‘Disability discrimination and inherent requirements’ – Disability Education Association NSW/ACT Inc (DEAN) Council Professional Development Day, Sydney – 28 August 2014
Law for Non-Lawyers – ‘Guardianship and financial management’ – Public Interest Advocacy Centre, Sydney –22 November 2011 and 25 June 2012
Rule 42 Mandatory Units for Criminal Lawyers –‘Representing Clients with Intellectual Disability and Mental Illness’ -Legalwise seminar – 23 March 2012
Social Justice Clinical Summer School – ‘Legal Capacity and cognitive disability’– Public Interest Advocacy Centre, Sydney – 7 February 2012
1. Gaye Lyons v State of Queensland (2015) (B56/2015) (disability discrimination; seeking leave to appeal to the High Court)
2. Graeme Innes v Rail Corporation of NSW (No 2)  FMCA 36 (disability discrimination)
3. Loke v NSW Department of Education and Communities  NSWCATAD 111 (race discrimination)
4. BKG v Children’s Guardian  NSACATAD 75 (Working with Children Clearance)
5. Francesco Zappia v Universal Music Australia Pty Ltd T/A Universal Music Australia  FWAFB 6108 (unfair dismissal – appeal)
6. Lawson v State of New South Wales (Housing NSW)  NSWADTAP 5 (disability discrimination – appeal)
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