Profile
Linda Clarke is a barrister practising principally in succession and estates, equity and trusts, rural property disputes and coronial law.
Called to the New South Wales Bar in 2015, Linda has extensive experience appearing in the Supreme Court of New South Wales, particularly in contested probate proceedings, family provision claims, trust and estate disputes and applications for judicial advice. She has also appeared in the New South Wales Court of Appeal and the Federal Circuit and Family Court of Australia.
A significant part of Linda’s practice involves complex succession disputes. She has particular experience in matters concerning testamentary capacity, knowledge and approval, undue influence, informal and lost wills, construction of wills, family provision, estoppel and the administration of estates and trusts.
Linda also accepts briefs in coronial proceedings. In 2025, she appeared as counsel for an interested party in the Inquest into the deaths arising from the Westfield Bondi Junction incident. She welcomes further briefs in coronial and inquest work, including matters involving complex factual and evidentiary issues.
Linda has a strong connection with regional and rural New South Wales. Raised on a farm in New Zealand, she now lives and works in the Central West while maintaining her Sydney practice. Her rural background also informs her work in rural property and land disputes and gives her a practical understanding of the issues faced by regional clients and practitioners.
Linda is based at Orange Chambers and accepts briefs throughout New South Wales.
Areas of Practice
Succession Law
Contested Probate
Family Provision
Wills & Probate
Equity & Trusts
Judicial Advice
Estoppel
Coronial Law & Inquests
Guardianship & Protective Division matters
Elder Law
Rural Property & Land Disputes
Equity matters arising in Family Law
Speaking & Professional Education
Linda regularly presents continuing legal education seminars, particularly in succession and equity. Her presentations have addressed family provision, contested probate, testamentary capacity, lost and informal wills, elder law, costs in the Equity Division, mediation, charitable gifts, enduring powers of attorney, dependency and eligibility in family provision proceedings, and the intersection between family law and succession law.
In 2016, Linda established the Succession Law Conference, a not-for-profit conference designed to give regional practitioners access to high-quality specialist succession law education. The conference has brought leading judges, barristers and practitioners to the Central West and reflects Linda’s longstanding commitment to the regional profession.
Selected Matters
Inquest into the deaths arising from the Westfield Bondi Junction incident (2025)
Appeared as counsel for an interested party.
Bradley v Irvine; Irvine v Irvine [2024] NSWSC 727 — Pike J
Succession; family provision; adult stepchildren; estrangement; factors warranting; claims dismissed.
Curtis v Curtis [2024] NSWCA 136 — Leeming and Mitchelmore JJA, Basten AJA
Succession; family provision; grandchildren; dependency; factors warranting; appeal.
Atidote Pty Ltd t/as Harcourts, The Property People Sydney v Najjar as Receiver & Manager of Trinity Investments (NSW) Pty Ltd [2024] NSWSC 206 — Slattery J
Judicial advice; trusts; garnishee orders; insolvency.
Suess & Suess [2024] FedCFamC1F 175 — Berman J
Family law; binding financial agreement; application to set aside agreement.
Application of Paul James Edwards: Estate of the Late John McGregor Edwards [2023] NSWSC 714 — Slattery J
Judicial advice; trusts; charitable gifts; construction of will; cy-près.
Curtis v Curtis [2023] NSWSC 1164 — Elkaim AJ
Succession; family provision; grandchildren; dependency; factors warranting.
Kouroutis v Kouroutis [2023] NSWSC 608 — Slattery J
Succession; family provision; adult child; estrangement.
Scott v Scott [2022] NSWCA 182 — Ward P, Meagher and Kirk JJA
Succession; family provision; adult child; testamentary statement.
Flanagan v Fisher [2021] NSWSC 598 — Kunc J
Succession; family provision; dependency; Indigenous claimant.
Vella v Vella; Vella v Vella [2020] NSWSC 849 — Williams J
Succession; family provision; adult children; disability.
Frederick & Frederick [2019] FamCAFC 87 — Strickland, Aldridge & Austin JJ
Equitable estoppel; binding financial agreement; construction; appeal.
Pilotto v Cosoleto; Papi v Cosoleto; Cosoleto v Cosoleto [2019] NSWSC 1454 — Hallen J
Succession; family provision; former de facto partner and adult child.
Anthony v Morton [2018] NSWSC 1884 — Ward CJ in Eq
Contract; estoppel; tort; alleged oral contract.
Lewis v Stewart by his tutor Mayhew [2018] NSWSC 1186 — Robb J
Equity; equitable compensation; beneficial interest in property.
Hutchinson v Timmins; Estate of Kevin Henry Fox (Deceased) [2018] NSWSC 1143 — Slattery J
Equity; succession; application to restrain solicitors from acting; family provision release.
Estate of the late Bernard Sullivan Smith [2018] NSWSC 97 — Slattery J
Trusts and trustees; judicial advice; construction of testamentary gifts; intestacy.
Re Estate Jerrard, Deceased [2018] NSWSC 781 — Lindsay J
Succession; intestacy; Indigenous estate; competing claims and consideration of Indigenous customs, traditions and practices.
Estate of the late Janice Gruer; Application of Gail Elizabeth Rands [2018] NSWSC 401
Trusts and trustees; judicial advice; administration of estate.
Soens v Rathborne [2018] NSWSC 302 — Hallen J
Succession; family provision; adult child.
Page v Page [2017] NSWCA 141 — Basten and Leeming JJA, Sackville AJA
Succession; family provision; dependency; allegations of historical sexual abuse.
Smoje v Forrester [2017] NSWCA 308 — Basten, Macfarlan and Meagher JJA
Succession; family provision; close personal relationship; appeal.
Wilson v Porada; Estate of Peter Wolfgang Porada [2017] NSWSC 818 — Slattery J
Succession; family provision; eligibility; factors warranting; provision.
Stone v Stone [2016] NSWSC 605 — Brereton J
Succession; family provision; adult child; need and testamentary obligations.
Qualifications
Dip. Law — LPAB/University of Sydney Law Extension Committee
Admissions
2015 — Admitted to the Bar of New South Wales
2013 — Admitted as a lawyer of the Supreme Court of New South Wales
2013 — Registered on the Roll of Practitioners of the High Court of Australia