Qualifications
Carmel Lee is a barrister with a broad practice encompassing commercial law and equity, conflict of laws (private international law) and public interest litigation. She has a strong reputation for her ability to problem-solve, frame solid arguments, think on her feet, and translate complexity into clear, compelling arguments.
Carmel is known for efficiently resolving disputes, whether through litigation or alternate forms of resolution. She works in equal partnership with her legal team, and encourages an ongoing dialogue with solicitors and her clients. Carmel also strives to achieve consistently advantageous outcomes for her clients and to build successful working relationships with her instructing solicitors.
Before coming to the bar, Carmel worked in the NSW Crown Solicitor’s Office as part of a team that prepared evidence and the defence on behalf of NSW Government and NSW Rural Fire Services. From 2009 until 2010, Carmel was Deputy Registrar of the NSW Supreme Court and Court of Criminal Appeal.
Between 2010 and 2012, Carmel was also a Tipstaff and Acting Judge’s Associate for judges in the NSW Supreme Court and Court of Appeal, including the Hon M J Slattery in the Equity Division of the Supreme Court of New South Wales, the Hons D L Davies, L McCallum and G J Bellew in the Common Law Division of the Supreme Court of New South Wales and the Hon R D Giles in the Court of Appeal New South Wales. She wrote preliminary drafts of judgments and assisted the court with legal research on contentious matters, often at short notice. The role provided Carmel with a unique perspective on litigation in a variety of jurisdictions.
Carmel has lectured in Conflict of Laws at the University of Sydney, in Advocacy and Strategic Litigation at Macquarie University, and in Evidence Law at University of Technology, Sydney (UTS). She has also lectured in Legal Ethics at the University of New South Wales and UTS.
Carmel regularly represents foreign and domestic corporations, individuals and charities. She is willing to consider pro bono briefs in areas of significant public interest, and has advised on matters concerning human rights, the rights of asylum seekers and civil liberties.
Specialisations
What Carmel’s instructing solicitors Say:
“I have briefed Carmel in a number of matters in which Carmel has provided astute and insightful advice. Carmel has a very commercial attitude, and I have found that she is able to work efficiently to produce favourable outcomes in a short period of time. I would be confident to recommend Carmel to others.”
-- Anne Fernando | Partner, Sachs Gerace Lawyers
Other Areas of Practice
Carmel represented the Plaintiff who sought repayment of a loan to the Defendant of funds pursuant to an oral agreement. Payment of funds from the Plaintiff to the Defendant took place over a 6 year period in 160 transactions. Unjust Enrichment, Equitable Estopple and unconscionability claims were raised the Plaintiff in the alternative. Matter settled successfully between the parties by deed after 11 day hearing.
Carmel appeared, led by Julie Soars, in this cross-border insolvency action brought under section 6 of the Cross-Border Insolvency Act 2008 (Cth). The Court considered whether the creditors’ voluntary winding up of each defendant in the United Kingdom were “foreign proceedings” and a “foreign main proceeding” and whether the plaintiff was a “foreign representative”, within the meaning of the Act. It was the first matter in Australia to test the cross-border insolvency scheme.
Carmel was instructed by SafeWork in the above sentencing proceedings. Prosecution of the Defendant following guilty plea by client to an offence that as a person who had a duty under section 19 of the Work Health and Safety Act 2011 (NSW) the Defendant failed to comply with their duty, exposing the victim to risk or serious injury contrary to section 32 of the Work Health and Safety Act 2011 (NSW). Defendant submitted evidence going to capacity to pay by the Defendant which was addressed in sentencing submissions and cross examination of one of the Defendants by Carmel.
Represented Defendant in sentencing proceedings following guilty plea by client to an offence that as a person who had a duty under s19 of the Work Health and Safety Act 2011 (NSW) the Defendant failed to comply with their duty, exposing the victim to risk or serious injury contrary to s32 of the Work Health and Safety Act 2011 (NSW). The Court considered submissions as to changed systems of work raised the Defendant amongst other considerations on sentencing.
Represented estate in probate matter brought by niece of the deceased by her tutor, her mother. Succeeded in having proceedings discontinued on condition that the Plaintiff be barred from commencing further proceedings claiming relief outlined in filed Statement of Claim, with order for Plaintiff to pay 75% of Defendant’s costs. Carmel later appeared in the ACT Supreme Court on behalf of the estate seeking a freezing order on the Defendant’s assets, the proceeds of the sale of property, to enforce the above judgment.
Carmel was led by David Bennett QC, representing the Appellants in an appeal against a decision of an Appeal Panel of the NSW Civil and Administrative Tribunal relating to construction of and effect of strata by-law passed following the enactment of the Strata Titles Act 1973 (NSW) regarding the exclusive use of common property: a rooftop in Potts Point.
Dispute between client, son in law of the Plaintiff as to the nature of the Plaintiff’s interest in land. Plaintiff claimed a life interest in property following the sale of land to his son in law. Declaration as to beneficial entitlements to land, together with orders for sale of the land and distribution of proceeds of sale.
First prosecution of a defendant for possession of a synthetic drug in NSW. Carmel represented the client in defending a prosecution where possession of synthetic drug was not illegal at the time he possessed the drug. Following representation of the client for over a year including discussions with the prosecutor, the prosecutor recommended charges be dismissed on the first day of hearing, a recommendation that was accepted by Magistrate.
We accept briefs in all areas of commercial practice and in our barristers' other areas of practice. For further information or advice on our barristers and their availability, fees and areas of practice please contact our Front of House team.
