Ben FogartyAt the Bar since 2011

  • Discrimination Law
  • Employment
  • Work Health and Safety
  • Criminal
  • Guardianship
  • Mental Health
  • Law/Human Rights
  • Inquests/Specialist
  • Tribunals
  • Administrative

More Information

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., ‘Detention by Police of people who appear mentally ill or mentally disturbed’, Law Society Journal of NSW, March 2016

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.


Discrimination Training – Homeless Persons’ Legal Service, Public Interest Advocacy Centre – July 2016

Understanding and managing discrimination obligations for students with mental illness – LawSense’s ‘Law for School Counsellors’ – July 2016

Discrimination Training – Legal Aid Commission NSW – July 2015

Disability discrimination and inherent requirements – DEAN Professional Development Day – August 2014

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 [2016] HCA 38

2. Graeme Innes v Rail Corporation of NSW (No 2) [2013] FMCA 36 (disability discrimination)

3. Loke v NSW Department of Education and Communities [2015] NSWCATAD 111 (race discrimination)

4. BKG v Children’s Guardian [2015] NSACATAD 75 (Working with Children Clearance)

5. Francesco Zappia v Universal Music Australia Pty Ltd T/A Universal Music Australia [2012] FWAFB 6108 (unfair dismissal – appeal)

6. Lawson v State of New South Wales (Housing NSW) [2013] NSWADTAP 5 (disability discrimination – appeal)

7.  Hinton v Alpha Westmead Private Hospital Pty Ltd [2016] FCAFC 107 


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    Level 7/185 Elizabeth St
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    DX 185 Sydney

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