Carmen Elder’s practice focuses on insurance and dispute resolution, including director and officer (D&O) liability, professional liability, franchising litigation, commercial litigation and indemnity advice. She has more than 15 years’ experience acting for companies and insurers on managing risk, developing dispute resolution strategies and conducting litigation in a range of Courts and jurisdictions.
She regularly acts for and advises about D&O liability on instructions from directors or insurers in regulatory investigations and regulator-instigated proceedings involving pecuniary penalty provisions, banning orders and other relief (ever mindful of the risk of class actions following thereafter). She also acts 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. Carmen’s experience in commercial litigation spreads across a range of issues including alleged infringement of intellectual property rights, alleged non-payment of rebates and commissions, enforcement of restraint of trade clauses and wrongful termination allegations.
- Acting for an Australian financial services licensee in defending complex financial planning advice involving geared investments, margin lending and superannuation
- Acting for the insurers of an Australian financial services licensee in connection with an Australian Securities and Investments Commission investigation under the Corporations Act, following the unraveling of two of Australia's largest managed investment schemes
- Acting for a mortgage originator in a dispute involving a proposed declinature of indemnity under a lenders mortgage insurance policy for alleged nondisclosure and material misrepresentations regarding the manner in which the subject loan had been assessed and approved
- Acting in defence of a valuer in proceedings brought by a mortgage insurer, arising from loans that involved identity fraud, negligence by the loan originator and negligence by the lender
- Acting in defence of an architect's design and project management work in connection with a hotel, following a dispute concerning alleged faulty design of fixtures and fittings and alleged unpaid variations
- Acting for franchisors in litigated disputes following the termination of franchise agreements concerning infringement of intellectual property rights, alleged non-payment of rebates and commissions, enforcement of restraint of trade clauses and wrongful termination allegations
Memberships And Affiliations
- Law Society of New South Wales
- Australian Insurance Law Association
- Women in Insurance
- Australian Professional Indemnity Group