Ben McPherson – Senior Associate

" I use my experience across many areas of law to deliver cost effective, commercial solutions "

Ben is a Senior Associate at Fletcher Law, admitted in Western Australia and New Zealand.

He practises in general commercial law, with particular experience advising in the areas of acquisitions, hospitality and events, start-ups & ecommerce, data and privacy, commercial and retail leasing, construction contracts and construction disputes (including adjudications under the Construction Contracts Act), PPSA compliance and employment law.

Ben is committed to achieving results for his clients, who range from small business owners to large corporates. He has a straightforward and easy-going manner and prides himself on delivering clear and practical legal advice.

Examples of matters:

  • Acted for the buyer on the acquisition of several bars and nightclubs
  • 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 for consulting services, website development agreements, confidentiality agreements, scoping agreements and employment agreements
  • Acted for the vendor in the sale of a childcare business
  • Acted for a major developer in relation to the development of a large multi-storey commercial / residential building. Tasks included the drafting of the design and construct contract for the complex, drafting of the residential and commercial sales contracts (and various strata title documentation), negotiating with various parties and advising on numerous compliance / legislative issues
  • Assisted start-up businesses, particularly in the online space, 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 large equipment hire companies on PPSA matters relating to their customers and subcontractors
  • Advised on corporate restructuring and refinance transactions (including reviewing loan documentation and security documents)
  • Advised on various employment related matters including the transition of workers from “contractors” to “employees”
  • Acted for a resource recovery and remediation company on various matters including the drafting of licenses to enter onto land to conduct recycling and resource recovery operations
  • Advised on risk mitigation procedures and policies for a large survey company
  • Advised on a joint venture between a finance broker and accountancy firm
  • Drafted an agreement for the sale and purchase of a large yacht from France
  • Drafted and advised on various other agreements including loan agreements, franchise agreements, sale and purchase of business agreements, property sale agreements, shareholder agreements and distribution agreements


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Municipal Mysteries of Town Planning Law

8th August 2019

“He reached Chesham Square and made diagonally for No. 10 (which was) between two houses, of which one, rationally enough, bore the number 9 and the other was numbered 37: but the fact that this last belonged to Porthill Street was proclaimed by an inscription placed by whatever highly efficient authority is charged with the... read more

Diary of a Commercial Lawyer Part 2 – The Psychology of the Non-Compliant Taxpayer

15th January 2019

“His depression did not lift, it simply moved to one side a little” – Mervyn Peake – The Gormenghast Trilogy The woman was a self-employed tradesperson in her late 50’s.  She had always lodged her income tax returns and her quarterly business activity statements and income activity statements.  She had always paid superannuation contribution for... read more

Diary of a Commercial Lawyer Part 1 – The Pitfalls of Oral Contracts

7th November 2018

Reflecting on some 35 years of experience as a commercial lawyer, one thing in particular stands out: variety.  The extraordinary scope of the issues presented by clients to resolve. Apart from the fact there is nothing better than variety to keep your daily job interesting, 35 years of variables presented to you to deal with... read more