Linda Clarke
Barrister
Linda practises in the Equity and Probate divisions of the Supreme Court of New South Wales in the areas of Wills and Estates including Family Provision (Chapter 3 Succession Act cases) and Contested Wills. She has a particular interest in rural property disputes and the protective division.
Admitted to the Bar (New South Wales) – 2015
Admitted as a Solicitor of the Supreme Court of New South Wales – 2015
Admitted as a Solicitor and Barrister of the High Court – 2013
Equity & Trusts
Family Provision Claims
Succession/Wills & Probate
Guardianship
Elder Law
Dip. Law, LPAB/USYD, LEC
Member of the New South Wales Bar Association
Vella v Vella; Vella v Vella [2020] NSWSC 849
Family provision claims by two adult children one of whom was a protected person
Pilotto v Cosoleto; Papi & Papi v Cosoleto and Cosoleto v Cosoleto [2019] NSWSC 1454
Family provision claims by an adult daughter and former de facto
Frederick & Frederick (2019) FamCAFC 87
Appeal – overturning pre nuptial agreement on grounds of material change of circumstances
Frederick & Frederick (No 2) (2019) FamCAFC 131
Appeal – successful costs application
Kevin John Lewis v Peter William Stewart by his tutor Peggy Lillian Mayhew [2018] NSWSC 1186
Promissory Estoppel
Hutchinson v Timmins; Estate of Kevin Henry Fox (Deceased) [2018] NSWSC 1143
Application to restrain legal representatives from acting
Re Estate Jerrard, Deceased [2018] NSWSC 781 (8 June 2018)
Aboriginal Intestacy Matter
Estate of the late Janice Gruer [2018] NSWSC 401
Judicial advice
Estate of the late Bernard Sullivan Smith [2018] NSWSC 97
Judicial advice
Soens v Rathborne [2018] NSWSC 302 (14 March 2018) (Hallen J)
Family provision claim by adult daughter
Wilson v Porada; The Estate of Peter Wolfgang Porada, late of Pericoe (No. 3) [2018] NSWSC 60 (02 February 2018) (Slattery J)
Costs
Wilson v Porada; The estate of Peter Wolfgang Porada, late of Pericoe [2017] NSWSC 818 Slattery J
Administration of estate, intestacy, family provision claim
Wilson v Porada; The Estate of Peter Wolfgang Porada, late of Pericoe (No. 2) [2017] NSWSC 1362 Slattery J
Stone v Stone [2016] NSWSC 605 Brereton J
Family provision claim by adult daughter
Bindoff v the Trust Company (Australia) Ltd., Estate of the late Everitt Joseph Griffiths [2016] NSWSC 1100 Slattery J
Family provision claim by adult daughter
Smoje v Forrester [2017] NSWCA 308
Appeal of family provision claim
Page v Page [2017] NSWCA 141
Appeal of family provision claim
Olsen v Olsen & Ors [2019] NSWCA 278
Appeal of a family provision claim by adult son on ground of bias
CONTACT
+61 2 8915 2034
+61 2 9223 4204
[email protected]