Carole

Smith

Carole is available to be instructed as a barrister on most civil matters, but has substantial experience and expertise in the trusts and estates field, and equity related matters. She has also acted on a number of construction disputes, mostly in the adjudication arena. Carole is known for getting parties to the table early on in a bid to see whether resolution outside of the court process can be achieved.

QUALIFICATIONS AND AREAS OF PRACTICE

  • Bachelor of Laws (1993)
  • Graduate Diploma in Business Studies (Dispute Resolution) (2015)
  • STEP Diploma in Trusts and Estates (Distinction) (2017)
  • TEP membership 2021

  • Trusts
  • Estates
  • Equity
  • Relationship Property
  • Contract
  • Construction

CONTACT

QUALIFICATIONS AND AREAS OF PRACTICE

  • Bachelor of Laws (1993)
  • Graduate Diploma in Business Studies (Dispute Resolution) (2015)
  • STEP Diploma in Trusts and Estates (Distinction) (2017)
  • TEP membership 2021

  • Trusts
  • Estates
  • Equity
  • Relationship Property
  • Contract
  • Construction

What clients have said about Carole

"Being dissatisfied with my former barrister when disputing a will, I asked around and Carole Smith was recommended. Carole's expertise in estate law and litigation, and her ability to guide me through the steps to take were invaluable, and I do not hesitate to recommend her to any friends seeking advice on estate law and dispute resolution. The matter ended up in mediation, and this somewhat harrowing experience was mitigated to a great degree by Carole's knowledge and willingness to support me through the aggressive tactics used by the other party. She has restored my faith in barristers". Estate beneficiary, August 2021

" ... also how well you approached the room with your expertise. You really ARE good. So lucky to have you". Trust beneficiary, June 2021

"Thank you so much. It's been a bloody long hard road ... thank you again our fabulous kick arse lawyer". Estate beneficiaries, June 2021

"All this is down to your meticulous hard work. We genuinely and sincerely thank you ... for your amazing work". Misrepresentation settlement meeting, June 2021

"We are just so so appreciative of all you have done for us, especially the guidance and support through a process that has felt overwhelming at times". Estate beneficiaries, June 2021

"As always, I appreciate your open and honest judgement of the current situation and for explaining our options to move forward based on your experience. THANK YOU. We appreciate everything you are doing and I know you truly would like a successful mediation as much as us. You're a true professional partner". Trust beneficiary, January 2021

Biography

Carole began practising law in Nelson in 1994. On moving to London in 1996, Carole ran a constructive trust case in a small west end firm, and then moved to the disputes resolution team of the leading English pensions firm where she remained for ten years. On moving to Singapore in 2011, she was employed by the Singapore Mediation Centre to observe and analyse large commercial mediations, before her move to Auckland in late 2015.

Since being back in New Zealand, Carole has taught various courses at AUT including Resolution of Civil Disputes to final year law students, Negotiation to MBA students, and Negotiation and Mediation to Social Science students. She is also engaged by the College of Law as an Adjunct Instructor in Negotiation.  

She joined FortyEight Shortland Barristers at its inception in August 2018.

Experience

Since joining FortyEight Shortland Barristers, Carole has been engaged to act for or in respect of the following:

  1. Beneficiaries or potential beneficiaries of wills in disputes involving:
  • the Family Protection Act
  • Testamentary capacity
  • Undue influence
  • Constructive trust
  • Estoppel
  • Distribution of chattels

      2. Trustees and beneficiaries of trusts in disputes or opinion work involving:

  • Removal of trustees
  • Exercise of discretionary powers
  • Interpretation of trust deed clauses
  • Determination of trust assets

      3. Relationship property matters including:

  • Drafting relationship property agreements
  • Advising in relation to the impact of the PRA on wills, trusts and the Family Protection Act

      4. General civil matters including:

  • Bankruptcy
  • Statutory demands
  • Construction Contract Act matters including adjudication
  • Contractual disputes e.g. misrepresentation

Whilst working in London, Carole acted on a number of Beddoe applications to the High Court requesting the court’s pre-authorisation for trustee clients to take their legal costs from the trust fund in respect of intended substantive litigation. She has retained an interest in the issue of when trustees and executors and other parties involved in trust and estate litigation may take their costs from the trust fund, and has spoken on this issue at STEP and ADLS seminars amongst others.

Carole has appeared on numerous occasions in the High Court and District Court including contested hearings, and completed the NZLS Litigation Skills course in 2019.

Whilst not afraid to go into 'battle' for clients, Carole appreciates that it is rarely in their best interests to do so. She therefore employs her negotiation and mediation expertise and experience, even in entrenched litigation, to try and achieve resolution for all parties.