Carmen Elder

Carmen is a highly regarded expert in litigation and insurance. Her core areas of expertise include directors & officers, management liability, financial lines, professional liability across all sectors, investigations and prosecutions, and coverage / indemnity advice.

With more than two decades of experience, Carmen specialises in risk management, complex litigation (including high profile and strategically significant matters) and developing dispute resolution strategies. She regularly acts in Commonwealth and State investigations, inquiries and prosecutions, including those by ASIC, ACCC, EPA, SafeWork NSW, and NHVR. Carmen is also frequently engaged to advise on complex coverage issues, including some of Australia’s largest securities class actions and in the Australian insurance industry’s test case on COVID-19 business interruption claims.

‘I enjoy supporting clients navigate complex situations and difficult problems efficiently, strategically and commercially. I work with my clients from the get-go to understand their key objectives and pain points in order to craft smart solutions. Clients appreciate my focus on early identification of risk and collaborative approach.’

Carmen advises Australia’s leading insurers, Lloyd’s syndicates, brokers, corporations, directors and officers in a range of litigated and unlitigated matters across almost all Australian jurisdictions.

Some of Carmen’s recent experience includes:

• Advising companies and directors in investigations of potential contraventions by regulators including ASIC and ACCC (document compulsion processes and compulsory examinations).
• Advising directors on insolvent trading claims (including liquidators’ examinations and civil proceedings).
• Acting in defence of a director prosecuted by ASIC (Federal Court) for alleged breach of director’s duties and involvement in the company’s breach of continuous disclosure obligations.
• Acting in defence of a CEO sued for his alleged involvement in the company’s contraventions of the Fair Work Act.
• Acting for a broad range of professionals in the financial lines, property and construction industries, encompassing low value but strategically significant litigation, complex and high value litigation and class actions.
• Acting in defence of numerous companies in WHS investigations and prosecutions including by SafeWork NSW.
• Acting in defence of numerous companies in connection with EPCL claims including bullying, harassment, whistleblowing, adverse action and discrimination claims.
• Advising the insurers of, and acting in defence of, companies in connection with EPA matters including clean up notices, prevention notices, investigations and prosecutions pursuant to the Protection of the Environment Administration Act 1991 (NSW).
• Advising leading insurers on their ability to refuse claims and/or cancel policies based upon alleged fraudulent conduct, non-disclosure, misrepresentation, bad faith, non-cooperation and relevant policy exclusions.
• Advising insurers in claims involving securities class actions (Federal Court and Victorian Supreme Court), civil proceedings and regulatory prosecutions by ASIC and ACCC (Federal Court). white collar/corporate crime, and fidelity losses.
• Acting for a significant international insurer in the insurance industry’s Second Test Case concerning Covid-19 related business interruption losses.

Carmen stands out as not just a legal adviser but as a trusted partner due to her straightforward approach and genuine care for her clients. Known for delivering a fresh perspective to every case, her blend of professional knowledge and personal understanding equips Carmen to handle complex or challenging scenarios with efficiency. Clients recognise and praise that Carmen is "Truly outstanding, very business savvy, practical and hands on. She is an excellent strategist able to simplify complex matters and sets out advice very clearly."

Industry recognition

• Legal 500 Asia-Pacific - Insurance, Australia, Recommended from 2021 to 2023