Carmen practises in the areas of criminal, administrative and employment law.
Criminal, OHS and Regulatory Proceedings
Carmen appears as recommended counsel in Doyles Guide to the leading Workplace Safety and Employment barristers in Victoria for 2017 and 2018. She is briefed frequently for directors, executives and companies investigated for, or charged with, criminal or civil penalty offences, including:
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.
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.
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.
With almost a decade in private practice prior to signing the bar roll, Carmen is an experienced commercial litigator, well familiar with the needs of clients and instructing lawyers in commercial and trust disputes.
Bachelor of Arts (Honours); Bachelor of Laws – Australian National University (ANU University Medal)
Master of Laws – The University of Melbourne
May (Comcare) v Cleanaway Operations Pty Ltd, Magistrates Court of Victoria, December 2018: junior counsel for Cleanaway (led by Garry Livermore), criminal prosecution under Work Health and Safety Act (Cth).
Strickland (a pseudonym); Galloway (a pseudonym); Hodges (a pseudonym); Tucker (a pseudonym) v Commonwealth Director of Public Prosecutions & Ors  HCA 53 (8 Nov 2018) Counsel for appellant (led by Bret Walker SC, Garry Livermore) in appeal from Victorian Supreme Court of Appeal, regarding permanent stay of criminal prosecution
DPP (Cth) v Galloway (a Pseudonym) & Ors  VSCA 120 (25 May 2017) Counsel for respondent (led by Bret Walker SC, Garry Livermore)
IBAC: Operation Lansdowne Public Hearings (2017) Counsel assisting (led by Ian Hill QC) public examinations in relation to Operation Lansdowne, an inquiry into corruption in the Department of Education in relation to the Tafe sector and V-Line.
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  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  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.)  VSC 44 (21 February 2013) Supreme Court of Victoria: Civil/criminal penalties prosecution for breaches of Customs Act – unpaid duties
ZPFJ v Comcare  AATA 468 AAT merits review - Comcare
Cunliffe v Minister for Immigration and Citizenship  FCA 79 Judicial review of decision to deport to UK after serving custodial sentence
Stratton v City of Greater Geelong  FWC 2844FWC unfair dismissal - valid reason, harshness
McGregor v Melbourne Equine Veterinary Group  FWC 6712 FWC unfair dismissal – forced resignation
Selected presentations and papers
“Preparing for ASIC Investigations and Examinations”, Legalwise Seminars, 19 August 2011