Profile

Carmen divides her practice evenly between criminal, administrative and employment law jurisdictions. The breadth of her work gives Carmen an expansive understanding of a wide range of court procedures and matters of evidence and strategy.

Criminal, OHS and Regulatory Proceedings

Carmen is briefed frequently for directors, executives and companies investigated for, or charged with, criminal or civil penalty offences, including:

• OH&S prosecutions
• Insider trading
• Market Manipulation
• Breaches of Directors’ Duties
• Corporations law offences

Carmen prosecutes and defends regulatory criminal proceedings. She has appeared in criminal contests, committals and trials, disciplinary and professional tribunals, compulsory examinations, coronial inquests, public inquiries and royal commissions.

Employment and Industrial Practice

In the employment field, Carmen advises employers and employees in OH&S prosecutions, coronial inquests and other regulatory investigations.  She appears in Fair Work Commission matters and has a special interest in Restraint of Trade disputes. Carmen is recommended counsel in Doyles' Guide 2017 list of Leading Employment and WHS junior counsel, Victoria.

Public Inquiries and Administrative Law

Carmen has particular experience in regulatory investigations and public inquiries. She was counsel assisting IBAC in the 2016 public hearings into corruption in the Victorian Department of Education. She was involved in the Royal Commission into AWB Limited, and ASIC investigations into AWB and ABC Learning Centres Limited, and has presented seminars on topics including legal professional privilege, natural justice, royal commissions and inquiries.

In the area of administrative law, Carmen has appeared in judicial review and merits review proceedings in VCAT, the AAT, the Supreme and Federal Courts.

Civil Litigation

With almost a decade in private practice prior to signing the bar roll, Carmen is an experienced civil litigator, well familiar with the needs of clients and instructing lawyers in commercial and trust disputes.

Qualifications

Bachelor of Arts (Honours); Bachelor of Laws – Australian National University
ANU University Medal

Master of Laws – The University of Melbourne

Selected Cases

IBAC: Operation Dunham Public Hearings (2016)
Counsel assisting (led by Ian Hill QC) public examinations in relation to Operation Dunham, an inquiry into corruption in the Department of Education in relation to the Ultranet project.

Marmara v Toyota Motor Corporation Australia Limited [2013] FCA 1351
Federal Court Industrial dispute between manufacturing workers and Toyota regarding Enterprise Agreement

DPP v Cool Dynamics Refrigeration Pty Ltd (2015) VCC 1882 (27 November 2015)
OHS prosecution - workplace fatality

Wallis Nominees (Computing) Pty Ltd v Pickett [2013] VSCA 24 (20 February 2013)
Supreme Court of Victoria – Court of Appeal: Restraint of trade covenants in employment contract

Chief Commissioner of Customs v CC Investment Company Pty Ltd (in liq.) [2013] VSC 44 (21 February 2013)
Supreme Court of Victoria: Civil/criminal penalties prosecution for breaches of Customs Act – unpaid duties

ZPFJ v Comcare [2013] AATA 468
AAT merits review - Comcare

Cunliffe v Minister for Immigration and Citizenship [2012] FCA 79
Judicial review of decision to deport to UK after serving custodial sentence

Stratton v City of Greater Geelong [2016] FWC 2844
FWC unfair dismissal - valid reason, harshness

McGregor v Melbourne Equine Veterinary Group [2012] FWC 6712
FWC unfair dismissal – forced resignation 

Selected presentations and papers

“Protecting Employers’ Goodwill from Attack: Restrictive covenants and restraints of trade”, October 2013

“Preparing for ASIC Investigations and Examinations”, Legalwise Seminars, 19 August 2011