Carmen Elder

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 liability

• 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.

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.

EPL

• Acting in defence of numerous companies in connection with bullying, harassment, whistleblowing, adverse action and discrimination claims.

EPA

• 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).

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.