Ben Clarke

Senior Associate


Ben has more than 8 years’ experience in the area of workers' compensation acting on behalf of self-insurers, employers, government agencies, and ReturnToWorkSA and its claims agents, across South Australia and the Northern Territory. This includes conduct of defending proceedings of this type across all disciplines of insurance, as well as indemnification and recovery proceedings in these jurisdictions.

Ben has a deep understanding of the nuances of each workers' compensation scheme in South Australia and the Northern Territory. He also has a demonstrated ability to adapt to and advise on various changes in legislation.

Ben works closely with the firm’s employment law team to achieve complete resolutions for his client.


  • Acting for workers' compensation insurers, state and territory government departments, self-insured employers and registered employers with respect to workers' compensation related matters, including in relation to statutory claims for impairment benefits, weekly payments of compensation, return to work, permanent impairment, average weekly earnings, physical/psychological injury claims, death claims, and medical and treatment disputes.
  • Regularly advising on pre-determination of liability, strategic claims management and through to the hearing/trial of matters, being involved in every step of the process along the way.
  • Regularly advising on complex and significant workers' compensation insurance, liability and recovery related matters, including formulating detailed assessments of liability and quantum.
  • Regularly advising on the management of workers' compensation claims and any disputes that may arise before the South Australian Employment Tribunal, NT WorkSafe and the Darwin Work Health Court, including on the application of the relevant legislation in South Australia and the Northern Territory.
  • Regularly appearing in the South Australian Employment Tribunal, NT WorkSafe and the Darwin Work Health Court at mediation/conciliation conferences, pre-trial hearings and performing solicitor advocacy representation at both settlement conferences and interlocutory hearings, as well as all solicitor advocacy work to the instruction of counsel, when required.
  • Acting for ReturnToWorkSA in relation to various matters of critical importance to the management of the South Australian workers' compensation scheme, including being the instructing solicitor on a number of matters which proceeded to the Full Bench of the South Australian Employment Tribunal and the Full Court of the Supreme Court of South Australia.
  • Extensive experience in trial preparation, including the preparation of affidavits, pleadings and statements of issues and contentions.
  • Initiating and defending proceedings relevant to indemnity and recovery in workers' compensation matters against approved insurers and potential third parties.
  • Managing a team of lawyers and support staff cross jurisdictionally in South Australia and the Northern Territory.