Carole is available to be instructed as a barrister on most civil matters, but has substantial experience and expertise in the trusts and estates arena, as well as relationship property, property and general contract. She has a particular interest in equity related matters, such as undue influence, unconscionable bargain and estoppel. Most matters Carole is instructed on tend to settle out of court, either through private negotiations or mediation.
"There are just too many words for how I can explain my positive experience in working with Carole. Right from our first call many years ago, Carole articulated very clearly the legal process for our case... Carole was professional and dedicated to our case right from the beginning... I have absolutely no hesitation in recommending Carole for both her legal and mediation services". Trust beneficiary, July 2023
"Words cannot express the gratitude and respect I have for you. Your guidance through very stressful and dark days. Then your incredible attention to detail along with real woop ass kicking when needed. You have given back my life and I will be forever grateful". Relationship property client, April 2023
"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
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 was also engaged by the College of Law as an Adjunct Instructor in Negotiation.
She joined FortyEight Shortland Barristers at its inception in August 2018.
Since joining FortyEight Shortland Barristers, Carole has been engaged to act for or in respect of the following:
2. Trustees and beneficiaries of trusts in disputes or opinion work involving:
3. Relationship property matters including:
4. Property including :
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 among others.
Carole has appeared on numerous occasions in the High Court and District Court including contested hearings and trials, 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.
