Add a bookmark to get started


Carmen Elder

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.
Beaton Top 100 Client Survey (2021)

With her straightforward approach and genuine care, Carmen stands out as not just a legal adviser but a trusted partner to her clients.

She is a highly regarded expert in insurance and dispute resolution, specialising in areas such as director and officer (D&O) liability, professional liability, commercial litigation and indemnity advice.

Known for delivering a fresh perspective to every case, Carmen’s blend of professional knowledge and personal understanding equips her to handle complex scenarios with efficiency.

She places great importance on building and nurturing relationships with her team and clients, and understanding the unique challenges her clients face.

In particular, Carmen’s clients benefit from her unwavering support and dedication to crafting the smart solutions. She is calm and optimistic during challenging situations. Clients recognise and praise that Carmen “consistently provides service at and beyond expected service levels. She has shown her willingness to assist with broader issues to ensure that risk management issues are identified, and customer services levels are maintained at the highest standards.” – Beaton Top 200 Client Survey (2023)

Committed to promoting inclusivity and gender diversity, Carmen is actively involved in mentoring programs and supports community initiatives.

Professional QualificationsSolicitor of the High Court of AustraliaSolicitor of the Supreme Court of New South WalesSolicitor registered with the Law Society of New South Wales


Director and Officer liability / Investigations

  • Advising directors and officers in connection with section 19 ASIC examinations and liquidators’ examinations.
  • Advising companies and directors in investigations of potential contraventions by regulators including ASIC and ACCC.
  • 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 in defence of a director sued by liquidators for allegedly permitting the company to trade whilst insolvent, in alleged contravention of the Corporations Act.
  • Advising the lead excess insurer of an ASX listed company on two class actions (Federal Court) and regulatory prosecutions by ASIC and ACCC (Federal Court).
  • Advising the excess insurer of an ASX listed company on proceedings by its administrator (Supreme Court of Tasmania) and a class action by aggrieved consumers (Federal Court).
  • Representing the interests of AFSL holders and their insurers in relation to ASIC's investigations into the collapse of businesses, including with respect to notices issued by ASIC under section 912C of the Corporations Act, and ASIC's investigations into the identity of potential claims.
  • Advising officers of superannuation and managed funds businesses with respect to compulsory examinations by ASIC in the context of governance and cyber-related investigations.

Professional indemnity

  • 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.

Complex coverage

  • 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.
  • Acting for an insurer in the insurance industry’s Second Test Case concerning Covid-19 related business interruption losses.
  • Advising the Directors and Officers Liability insurer on notifications and claims made by an AFSL holder who featured heavily in the Hayne Royal Commission.
  • Acting for insurers in claims involving white collar/corporate crime, and fidelity losses.

WHS investigations and prosecutions

  • Acting for a factory operator in an investigation and prosecution following a workplace accident where a labour hire employer suffered crush injuries resulting in amputation.
  • Defending a large Sydney-based construction company in a SafeWork NSW prosecution for its failure to keep its workers safe on a construction site (the employer’s third conviction).
  • Acting on behalf of a property professional in relation to a worksite injury that resulted in catastrophic injuries to the worker.
  • Advising on prohibition and improvement notices issued by the state safety regulators.


  • Advising the insurers of, and acting in defence of, numerous companies in connection with bullying, harassment, adverse action and discrimination claims.


  • Advising the insurers of, and acting in defence of, a company investigated pursuant to the Protection of the Environment Administration Act 1991 (NSW) for contamination of waterways.
  • Advising the insurers of, and acting in defence of, numerous companies served with clean up and prevention notices pursuant to the Protection of the Environment Administration Act 1991 (NSW).

    Memberships And Affiliations

    • Law Society of New South Wales
    • Australian Insurance Law Association
    • Women in Insurance
    • Australian Professional Indemnity Group