Ben McMillan


Telephone: 07 3339 3606
Mobile: 0430 345 320
Email: [email protected]

Year of appointment as barrister: 2006

Areas of Practice

Alternative Dispute Resolution
Industrial & Employment
Inquests, Commissions of Inquiry & Parliamentary Inquiries
Work Health & Safety


Ben is an experienced trial and appellate advocate, specialising in public and administrative law; employment law and workplace safety.  He has appeared in many Royal Commissions and public inquiries, including as Counsel Assisting.

His public law expertise includes acting for Government and private sector clients in judicial and administrative review cases; civil penalty and enforcement proceedings; regulatory prosecutions; and commercial litigation involving government departments and entities.  He has appeared, at trial and on appeal, in a number of significant cases relating to legislative and administrative decision-making and regularly advises clients on the legality and validity of regulatory action.

Ben’s employment law practice includes acting for regulators, ASX listed companies, medium and small businesses, and individuals in all manner of industrial causes, including general protections cases, restraint actions, and professional disciplinary proceedings. He has extensive experience in workplace safety matters and frequently appears in prosecutions, appeals, review proceedings and coronial inquests relating to workplace incidents, injuries, and deaths. Ben also has substantial experience as a trial advocate conducting and defending criminal prosecutions, including jury trials in the superior courts.

Ben also has a specialist practice in public inquiries and inquests. He is frequently engaged to act as Counsel Assisting or represent interested parties (including governments) in Royal Commissions, public inquires and coronial inquests. Significant appointments include:

  • Counsel for an interested party in the Robodebts Royal Commission (2022)
  • Counsel Assisting (junior) the Queensland Parliamentary Inquiry Into the Crime and Corruption Commission’s involvement in the Logan City Council (2021)
  • Counsel for an interested party in the Royal Commission into Banking and Financial Services (2018)
  • Counsel Assisting the Queensland Parliamentary Inquiry Into Coal Workers’ Pneumoconiosis (Black Lung Disease) (2016-2107)
  • Counsel (junior) for the State of Queensland in the Royal Commission Into Institutional Responses to Child Sexual Abuse (2015-2017)
  • Counsel for an interested party in the Barrett Adolescent Centre Commission of Inquiry (2016)
  • Counsel (junior) for the State of Queensland in the Queensland Organised Crime Commission of Inquiry (2015)

Ben was called to the bar in 2006 after working as a prosecutor in the Office of the Commonwealth DPP and as a Judge’s Associate in the Supreme Court of Queensland. He has also held senior public sector roles including as Assistant Crown Solicitor (Qld).

Ben is an approved provider under the Queensland Government Whole of Government Legal Panel Arrangement for Barristers and the Commonwealth Government Legal Services Panel arrangements. He is a member of the Queensland Office of Industrial Relations Panel of Barristers.

Ben’s practice as a mediator is principally in the areas of employment law, workplace safety, regulatory law, and associated commercial disputes.