+61 2 6361 9796

0427 818 311

lclarke@orangechambers.com

 

About Linda

Linda Clarke is a barrister who specialises in the Equity Division of the New South Wales Supreme Court. Linda regularly represents clients before the Supreme Court of NSW. She has an established practice in Wills & Estates including Succession Law, Contested Probate proceedings and Family Provision Claims; Estoppel; Rural Property Disputes, and the Protective Division. She particularly enjoys the intellectual challenge of testamentary capacity, knowledge and approval and undue influence cases.

Linda is a member of Orange Chambers and Two Wentworth Chambers in Sydney.

Raised on her family’s farm in New Zealand, Linda is passionate about rural and remote communities. In 2017 Linda discovered the Central West, New South Wales and was captivated by the area. In 2021, after four years of searching, she became the happy owner of a farm. In 2024 Linda answered the call to return to her rural background and decided to live and work in the Central West while maintaining a presence on Phillip Street, Sydney.

Linda is honoured to be a member of Orange Chambers. She knows and appreciates the isolation of working in regional communities. She also understands the importance of being present in the community, being available for face to face conferences, a firm handshake and looking someone in the eye. Linda looks forward to working with rural legal practitioners and promoting the Central West region.

Linda has presented at numerous seminars on topics including Family Provision Claims, Costs in the Equity Division, Lost Wills & Validity of Wills, Elder Law, Mediation, Charitable Gifts, Challenging Testamentary Capacity, NSW Court of Appeal Family Provision Claims, Ethical Obligations when advising on Enduring Powers of Attorney, Intersection of Family Law with Family Estate Provision Claims, Defacto partners, Grandchildren and Adult Children claims, Dependency and Factors Warranting in the Family Provision Jurisdiction.

In 2016 Linda established the Succession Law Conference, a not-for-profit conference aimed at providing rural legal practitioners with quality education from some of Australia’s leading Succession minds. The conference, which Linda organised outside of chambers, became one of the largest Succession Conferences in NSW. The Succession Law Conference is an integral part of Linda’s commitment to the Central West region.

 

Qualifications

Dip. Law, LPAB/USYD, LEC

 

Memberships

Member of NSW Regional Women Lawyers

 

Selected Cases (continued)

Vella v Vella; Vella v Vella [2020] NSWSC 849 (Williams J) Equity - Succession - Family provision claim - Adult son’s claim dismissed - Adult child with permanent disability - further provision made.

Frederick & Frederick (2019) FamCAFC 87 (Strickland, Aldridge & Austin JJ) Family Law - Equitable estoppel - Binding financial agreement - Construction - Material change of circumstances - Appeal allowed.

Pilotto v Cosoleto; Papi & Papi v Cosoleto and Cosoleto v Cosoleto [2019] NSWSC 1454 (Hallen J) Equity - Succession - Family provision claim - former defacto and adult child from previous relationship - provision made for both.

Anthony v Morton [2018] NSWSC 1884 (Ward CJ in Eq) Equity - Contract, Estoppel, Torts - alleged oral contract.

Kevin John Lewis v Peter William Stewart by his tutor Peggy Lillian Mayhew [2018] NSWSC 1186 (Robb J) Equity - Equitable compensation - Assessment of appropriate amount of equitable compensation payable in lieu of beneficial interest in property.

Hutchinson v Timmins; Estate of Kevin Henry Fox (Deceased) [2018] NSWSC 1143 (Slattery J) Equity - application to restrain solicitors from continuing to act in proceedings where alleged conflict - family provision release.

Estate of the late Bernard Sullivan Smith [2018] NSWSC 97 (Slattery J) Equity - Trusts and Trustees - Judicial advice - gifts of residue - class gift - intestacy

Re Estate Jerrard, Deceased [2018] NSWSC 781 (Lindsay J) Equity - Succession - Intestacy and distribution on intestacy - Indigenous intestate - One of the first three claims in which the Court was called upon to consider competing claims on the bounty of a deceased Indigenous person made by claimants (parents of the deceased) within the deceased’s Indigenous community - consideration of customs, traditions, and practices of an indigenous community.

Estate of the late Janice Gruer; Application of Gail Elizabeth Rands [2018] NSWSC 401 Equity - Trusts and Trustees - Judicial advice - administration of the estate.

Soens v Rathborne [2018] NSWSC 302 (Hallen J) Equity - Succession - Family provision claim - application by an adult daughter from previous relationship - provision made.

Page v Page [2017] NSWCA 141 (Basten and Leeming AJA, Sackville AJA) Equity - Succession - Family provision claim - allegations of historical sexual abuse - whether partly dependent within meaning of s57(1)(e) of the Succession Act 2006 (NSW)

Smoje v Forrester [2017] NSWCA 308 (Basten, Macfarlan and Meagher JJA) Equity - Succession - Family provision claim - Appeal of the lower court decision where it was found that the claimant and deceased were living together in a close personal relationship.

Wilson v Porada; The estate of Peter Wolfgang Porada, late of Pericoe [2017] NSWSC 818 (Slattery J) Equity - Succession - Family provision claim - plaintiff found to be an eligible person - factors warranting - provision made.

Stone v Stone [2016] NSWSC 605 (Brereton J) Equity - Succession - Family provision claim - application by an adult daughter of first marriage - plaintiff had clear and obvious need - deceased did not meet obligations to the plaintiff during his lifetime - provision made.