Carmella Ben-Simon

Carmella Ben-Simon is a barrister and mediator with over 35 years of legal experience. She specialises in family law, commercial law, wills and probate disputes, and alternative dispute resolution. She has appeared in various courts and tribunals and matters in Victoria, as well as interstate and overseas. She is also a regular speaker and trainer in continuing legal education and advocacy.

Family Law
Carmella has extensive expertise in all aspects of family law, particularly property division. Other areas of expertise include de facto relationships, parenting, relocation, spousal support, third party claims, freezing orders, injunctions, contravention/enforcement, farming cases and subpoena objections. She represents individuals, corporations and government entities in the Federal Circuit and Family Court of Australia. She provides advice and representation on legal strategy, evidence & procedure, and appears at all stages of a matter from settlement conferences and mediation to final trials.

Commercial Law
Carmella has a background in general commercial litigation, covering a range of areas such as contracts, corporations, trusts, partnerships, consumer law, trade practices, insolvency and bankruptcy. She has represented clients in the Supreme Court, County Court and Magistrates Court of Victoria, as well as various tribunals and commissions. She settles documents, advises on legal issues and risks, and appears at interlocutory and final hearings.

Wills and Probate Disputes
Carmella has experience in wills and probate disputes, including contested wills, family provision claims, testamentary capacity issues, undue influence allegations, executor disputes and administration matters. She has acted for beneficiaries, executors, administrators and third parties in the Supreme Court of Victoria.

Alternative Dispute Resolution
Carmella is a Nationally Accredited Mediator and qualified as a mediator in 1998. She conducts mediations either in her chambers or at a suitable mediation facility in matters of family law, wills and probate disputes and general commercial litigation. She also acts as counsel for parties attending mediation or arbitration. She has a pragmatic and facilitative approach to dispute resolution and aims to assist clients to reach a satisfactory outcome.

Teaching and Training
Carmella is regularly invited to deliver papers and speak at forums as part of continuing legal education for legal practitioners. She trains and coaches trainee barristers as part of the Victorian Bar reader’s course. She is also involved in various committees at the Victorian Bar and Foley’s List.

Contact Details
For enquiries regarding potential legal representation or mediation services, please email cbs@vicbar.com.au or call (03) 9225 8585 or call her barristers clerk on (03) 9225 7777.