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Monique Carroll

Partner

Melbourne

Monique is a dispute resolution and compliance risk lawyer and independent arbitrator. She is renowned for her strong knowledge of the law and her clear thinking.

Monique is a dispute resolution and compliance risk lawyer and independent arbitrator with significant experience representing clients in the Supreme Court of Victoria, the High Court of Australia and in arbitrations constituted under the rules of various international arbitral institutions. She is renowned for her strong knowledge of the law and her clear thinking.

Her experience, spanning more than 18 years, covers disputes involving: breach of contract, codes of conduct, whistleblowing, investment treaties, foreign investment and trade, sale of businesses and breach of warranty claims, oppression claims, directors duties, statutory derivative proceedings, managed investment schemes, non-testamentary trusts, fiduciary duties, human rights, sale of goods including the Convention on the International Sale of Goods (CISG), procurement and supply chain disputes, design and construction, joint ventures, infrastructure projects, food manufacturing and distribution, agribusiness, technology, mis-leading and deceptive conduct, fraud, deceit, bribery and corruption, financial services and professional services agreements.

Monique has been appointed as arbitrator in respect of disputes concerning infrastructure projects involving state owned instrumentalities, payment for professional services and code of conduct compliance. She is empanelled as an arbitrator by ACICA, HKIAC, Arbitration Victoria, AIAC and the Chartered Institute of Arbitrators.

  • +61 3 9605 0833

Memberships, Accreditation and Activities

  • Fellow of the Chartered Institute of Arbitrators
  • Fellow of the Australian Centre of Commercial Arbitration (ACICA)
  • Founding panel arbitrator for the Victorian Commercial Arbitration Scheme
  • Panel member of Arbitration Victoria
  • Approved Faculty Tutor for the Chartered Institute of Arbitrators
  • Hong Kong International Arbitration Centre (HKIAC) Listed Arbitrator

Expertise

Monique’s expertise include:

  • International investment arbitration and trade law
  • International arbitration
  • Cross border disputes and risk management
  • Domestic arbitration and court proceedings
  • Governance and Government
  • Investigations
  • Fraud and anti-bribery and corruption
  • Projects and construction
  • Human rights law.

Recent Matters

  • Representing as counsel Hong Kong incorporated entities which are respondents to concurrent international arbitration proceedings commenced seeking $34 million in damages in respect of a distribution agreement
  • Representing purchaser of asset financing software development design and implementation services in a dispute concerning fitness for purpose, misleading and deceptive conduct and breach of contract
  • Representing an insurance broker in respect of a breach of contract dispute arising from termination of the broker’s authorisation
  • Advising in respect of disputes regarding the sale, purchase and distribution of commodities including food products
  • Advising P.R.C entities regarding dispute with Australian entities where performance of the contract was prohibited by COVID-19 public health restrictions
  • Advising ASX listed company (part of a multi-national group) on anti-bribery and corruption policies
  • Representing Glencore and Viterra in the defence of Supreme Court of Victoria Proceedings commenced by Cargill Australia seeking damages in excess of $300 million in respect of the sale of a malting business, including before the Court of Appeal
  • Acting for shareholder and director of allied health business in a Victorian Supreme Court dispute concerning breach of directors’ duties and oppression
  • Acting in investor-state arbitration involving the Commonwealth of Australia – responsible for advice, preparation of tribunal documents, briefing counsel, engaging with and instructing expert witnesses, and preparation of evidence
  • Acting for a superannuation fund joint venture owner of a shopping centre in Supreme Court of New South Wales proceedings and High Court of Australia. Issues include knowing assistance for breach of trust, interpretation of the joint venture agreement, bad faith and whether the joint venture agreement effected rights under the Corporations Act 2001 to wind-up managed investment schemes Advising ‘foreign’ clients on disputes subject to PRC court proceedings or domestic arbitration
  • Acting for leading management consultancy in dispute with ASX listed mining company over unpaid fees of $40million
  • Representing the Human Rights Law Resource Centre as amicus curiae before the Court of Appeal and the High Court of Australia in respect of the correct interpretation of the Victorian Charter of Human Rights and Responsibilities Act 2006 (Vic) in Momcilovic v The Queen (2011) 245 CLR 1.

Memberships, Accreditation & Activities

  • Fellow of the Chartered Institute of Arbitrators
  • Fellow of the Australian Centre of Commercial Arbitration (ACICA)
  • Founding panel arbitrator for the Victorian Commercial Arbitration Scheme
  • Panel member of Arbitration Victoria
  • Approved Faculty Tutor for the Chartered Institute of Arbitrators
  • Hong Kong International Arbitration Centre (HKIAC) Listed Arbitrator