Carole Smith
Carole specialises in estate and trust matters, relationship property and general equity. Most matters Carole is instructed on tend to settle out of court, either through lawyer negotiations or mediation.
BIOGRAPHY
Carole was admitted to the bar in 1993. Starting out in criminal and family law, she then moved to London in 1996 and ran a constructive trust case before moving to the dispute resolution team of the leading London pensions firm, Sacker & Partners. On moving to Singapore in 2011, she was heavily involved in the Singapore Mediation Centre whilst undertaking post-graduate study in dispute resolution.
Carole returned to New Zealand in 2015 and completed the STEP (Society of Trust and Estate Practitioners) diploma in 2017. She joined FortyEight Shortland Barristers at its inception in 2018. She completed the NZLS Litigation Skills course in 2019, and was a participant in the NZBA Oral Submissions Masterclass in 2024.
Examples of Carole’s recent cases include:
Obtaining settlement via mediation for a plaintiff in a High Court Family Protection Act proceeding involving multiple defendants and interested parties
Obtaining an injunction and then ultimately settlement via lawyer negotiations for the plaintiff in a High Court proceeding alleging estoppel in relation to a property the plaintiff had been living in for 20 years
Achieving settlement via mediation for a respondent husband in Family Court proceedings concerning the division of complex relationship property
Acting for an appellant husband in a partially successful appeal to the High Court in relationship property proceedings
Working with the Public Trust in obtaining letters of administration for an estate to enable applications to be brought under the Property (Relationships) Act and the Family Protection Act.
AREAS OF PRACTICE
Estates
Trusts
Relationship Property
Equity
Protection of Personal and Property Rights Act related work
Property
Disciplinary Tribunal representation of solicitors/real estate agents
WHAT CLIENTS HAVE SAID ABOUT CAROLE
“Carole guided me through an exceptionally sensitive and acrimonious inheritance dispute with remarkable steadiness and care. She combined deep kindness and emotional intelligence with absolute precision in execution. At every stage, I felt supported, protected, and superbly represented. Carole’s calm authority and strategic insight were formidable – she was meticulous, resolute and quietly lethal when it mattered most. I cannot recommend her highly enough”. MB, Estate dispute, December 2025
“Carole is the kind of fighter you want on your team. 6 years of legal stoush would have crushed me emotionally had it not been for Carole’s belief in me and motivation to get me the justice I deserved, without settling for a compromise that would have been an unsustainable solution. Carole demanded and mediated like a boss and made sure my voice was not shushed. Nothing wavered Carole, even during times of fatigue. She reminded me of the reason we were building the case to begin with. In more ways and above, I would recommend Carole to anyone suffering the lengthy battle of patriarchal family injustice and more”. BE, Estoppel dispute, December 2025
“I would have no hesitation recommending Carole to anyone looking to engage a Barrister for any Relationship Property issues. Carole is extremely competent, and provides excellent service at a reasonable fee, much less than other Barristers. My case was extremely complicated, with multiple parties involved, both in Australia and New Zealand. Carole was always available, and responded to any communications in a timely manner. The same cannot be said about the opposing lawyers, but Carole was always conscious of my costs, and when possible outsourced work to save me money. Although not a total success in terms of a decision, I believe Carole committed herself 100%, and I appreciate her determination, and perseverance, to achieve the best outcome for me”. TE, Relationship property dispute, September 2025
“After receiving news that we needed a barrister two days before Christmas, we made contact with Carole Smith of 48 Shortland Street. We met with her to discuss the issue at hand. Throughout the entire process, we found Carole extremely professional and very easy to deal with. Her communication skills, along with her legal knowledge, were outstanding. She guided and advised us every step of the way, keeping us informed throughout the process and making us feel completely at ease. As using a barrister was new to us, we greatly appreciated her support and expertise”. C & D, Trust dispute, March 2025
“Great way to finish the week. Thank you again for your assistance in settling this matter. You truly have been a great support and please accept a huge compliment as to how well you do what you do!”. MK, Estate dispute, November 2024
“Carole handled a complicated estate matter for us and achieved a great result! She was very thorough, knowledgeable and fast to respond to emails. Her fees were also reasonable compared to some Barristers, she achieved a settlement outside of court, and I love that she handled everything herself instead of passing it off to a solicitor like many would. I can highly recommend Carole Smith!”. AL, Estate dispute, January 2024
“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 me back my life and I will be forever grateful. KF, Relationship property dispute, April 2023
“Thank you so much. It’s been a bloody long hard road... thank you again our fabulous kick arse lawyer”. C & K, Estate dispute, June 2021
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LLB (1993) (University of Canterbury)
Admitted as a barrister and solicitor of the High Court of New Zealand (1993)
Admitted as a barrister and solicitor of the High Court of England and Wales (1998)
Graduate Diploma in Business Studies (Dispute Resolution) (2015)
STEP Diploma in Trusts and Estates (Distinction) (2017)
TEP (full member of STEP) since 2021
New Zealand Law Society
New Zealand Bar Association
Estate and Tax Planning Council
Accredited Member of JustFund (relationship property dispute funding)
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DDI: 09 972 2058
Mobile: 027 447 1155
Email: carolesmith@fortyeightshortland.co.nz
FortyEight Shortland Barristers, Level 34 Vero Centre, 48 Shortland Street, Auckland 1050