Carmine has a commercial law practice involving a wide range of disputes and advisory work, with a particular focus on civil fraud, financial services, equity and trusts, restitution and unjust enrichment.  He frequently acts in multi-jurisdictional, complex and high-value commercial litigation and international arbitration.

Before being called to the Bar, Carmine practised for over six years as a solicitor, including at Arnold Bloch Leibler, Melbourne. He maintained a broad commercial litigation practice in all Federal and Victorian courts and tribunals.  Carmine advised on a range of high-profile and complex disputes for leading corporates and high net worth individuals.

Carmine is also a former Senior Lecturer in Private Law at Keble College, Oxford, and a former Law Fellow and Director of Studies at Homerton College, Cambridge.  He taught subjects including Contract Law, Equity, Trusts and Legal Reasoning. Carmine’s research has been published in leading journals including the Law Quarterly Review, Lloyds Maritime and Commercial Law Quarterly and the Restitution Law Review.

Carmine is admitted to practise in the British Virgin Islands.  He also remains an Australian Legal Practitioner and is able to advise on Australian law.

Experience

Shortlist

Commercial

Carmine accepts instructions in all areas of Chambers’ commercial litigation practice. His commercial law practice draws on his considerable experience as a solicitor, and his academic research and teaching experience.

As to the former, whilst a commercial litigator Carmine was involved in a broad range of commercial disputes and advisory work, including several high-profile and complex commercial matters. For example, he acted for:

  • one of Australia’s largest telecommunication corporations regarding its disputes with domestic and international business partners, suppliers and consumers;
  • a leading commercial building surveying company in a dispute with its former accountants which raised difficult questions of breach of fiduciary duty, negligence and causation; and
  • a high net worth individual in a multimillion-dollar claim against his former building contractor arising out of failed real estate development, which case concerned complicated issues of deceit, trusts and equitable remedies.

As to the latter, Carmine’s doctoral thesis examined the remedies of relief against penalties and relief against forfeiture, and several forms of damages, in a commercial context.  His publications have covered various contract law and restitution doctrines, and equitable remedies.  Carmine has also taught Contract Law, Equity and Trusts.

Cases

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Civil Fraud, Asset Recovery & Injunctive Relief

Carmine accepts instructions in all areas of Chambers’ civil fraud practice.  He was worked on a number of multi-jurisdictional fraud claims, often raising complex private international law issues. 

As a commercial litigator, Carmine advised banks, business leaders and corporations in several complicated civil fraud and asset-tracing and recovery matters.  For instance, he represented:

  • several Singaporean banks in a multimillion-dollar, long-running case involving allegations of fraud and breach of fiduciary duty, and an application for a third-party debt order;
  • a leading merchant banker in a high-value deceit claim arising out of an alleged fraud regarding a ski resort development, which proceeding included an application for an ex parte injunction and a search order; and
  • a major Australian corporation in an extended Australian Federal Police investigation, in which the AFP alleged among other things fraud and bribery. 

Further, Carmine’s research on equitable remedies for bribery has been published in the Law Quarterly Review and the Restitution Law Review.

Cases

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Financial Services

Carmine accepts instructions in all areas of Chambers’ financial services law practice.  

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Arbitration

Carmine accepts instructions in all areas of Chambers’ arbitration practice. 

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Restructuring & Insolvency

Carmine accepts instructions in all areas of Chambers’ restructuring and insolvency law practice. 

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Equity, Trusts & Restitution

Carmine accepts instructions in all areas of Chambers’ Equity, Trusts and Restitution practice.  His practice in those areas draws on his considerable experience as a solicitor, and his academic research and teaching experience. 

As to the former, whilst a commercial litigator Carmine was involved in a broad range of equity and trusts disputes and advisory work, including several high-profile and complex matters.  For example, he acted for:

  • a leading commercial building surveying company in a dispute with its former accountants which raised difficult questions of breach of fiduciary duty, negligence and causation; and
  • a high net worth individual in a multimillion-dollar claim against his former building contractor arising out of failed real estate development, which case concerned complicated issues of deceit, trusts and equitable remedies .

As to the latter, Carmine’s doctoral thesis examined the remedies of relief against penalties and relief against forfeiture, and several forms of damages, in a commercial context.  His publications have covered various contract law and restitution doctrines, and equitable remedies.  Carmine has also taught Contract Law, Equity and Trusts.

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Achievements

Education

Bachelor of Arts (First Class Honours) (University of Melbourne)

Bachelor of Laws (First Class Honours) (University of Melbourne)

Bachelor of Civil Law (Distinction) (University of Oxford)

Master of Philosophy in Law (University of Oxford), for the thesis 'Penalties and Forfeitures Reinterpreted' (supervised by Lord Burrows)

Doctor of Philosophy in Law (University of Oxford), for the thesis 'Penalties Reworked: The Rule against Penalties Restated, Justified and Refined' (supervised by Lord Burrows)

Bar Transfer Test (Top of Year) (BPP University)

Scholarships and awards

  • Allan Myers Oxford Law Faculty Scholarship (to read for the BCL)
  • Leggatt Melbourne Law Faculty Scholarship (for outstanding academic performance)
  • Highest ranked student (Advanced Torts, Contract Law, Civil Litigation, Political Theory, Property Law, Insolvency Law and Modern Political Thought)    

Publications

  • ‘Deposit Clauses’ in Graham Virgo and Sarah Worthington (eds), Commercial Remedies: Resolving Controversies (CUP 2017) 
  • ‘The Penalty Rule Revisited’ (2016) 142 LQR 382
  • ‘From Only the ‘Bottom-up’? Legitimate Forms of Judicial Reasoning in Private Law’ (2015) 35 OJLS 1
  • ‘No Proprietary Relief for Breach of Fiduciary Duty’ (2012) 128 LQR 184
  • 'The Death Knell Tolls for Attorney-General for Hong Kong v Reid’ [2012] RLR 118
  • ‘The Continued Obscurity of Economic Duress’ [2011] LMCLQ 333
  • ‘The Jurisdiction to Relieve Against Penalties and Forfeitures’ (2010) 126 LQR 529
  • Edwin Peel, Treitel on the Law of Contract (13th edn, Sweet and Maxwell 2011) (Research Assistant)

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