Jennifer Stuckey-Clarke

15 Wardell Chambers
39 Martin Place
Sydney NSW 2000 Australia

Clerk: John McNamara
T +61 9232 5255
clerk@15wardell.com.au

Contact Details:
T +61 2 9232 5255
F +61 2 92353931

Date of Admission:
NSW 1991

Areas of Practice:
Appellate
Banking
Commercial
Equity
Wills/Probate and Estate Planning
Property/Native Title
Intellectual Property

Academic Qualifications: BA (Hons)/LLB(Hons)(ANU), LLB(Cambridge)
First Call To The Bar:
8/02/1991

Professional Profile:
Ms Stuckey-Clarke was educated at the Australian National University and Cambridge University. She was Senior Lecturer in Equity, Trusts and Intellectual Property in the Faculty of Law, University of Sydney before commencing full-time practice at the Sydney Bar in 1991. She has held various appointments in the NSW Court system as an arbitrator, mediator and evaluator and has sat on the Intellectual Property Committee of the Law Council of Australia. From 2000-2004, she was a part-time Member of the National Native Title Tribunal and conducted mediations of native title claims and held arbitral inquiries under the future act provisions of the Act throughout NSW, Queensland, WA and the Northern Territory. During this time she was also briefed by the NSW Government to negotiate the first two handovers of state national parks to traditional owners under the State legislation. In 2003 she was elected as an Academician to the International Academy of Estate and Trust Law and has been a member of its Executive Council from 2008-2012. She is currently a member of the Academy’s Asia Pacific Regional Committee and the International Trust Litigation Committee. From 2004-2008, she was on the Panel of Legal Advisors to the Legislative Review Committee of the NSW Parliament and represented the NSW Bar on the Advisory Board of the Faculty of Law at the University of Sydney. In 2008, she taught the Trusts course in the LLM degree at the University of Sydney. In July 2008 she was appointed Associate Professor  in the Faculty of Law at Singapore Management University in Singapore and consulted to Singapore banking interests during the GFC. She returned to full-time practice at the Australian Bar in 2011.

She is a co-author of Woodman & Nettle’s “The Torrens System in NSW” and a contributing editor to the Property Law Review (Thomson Law Book Co.)

Her publications include the following book chapters:
“Declarations” Chapter 24 in “Principles of Equity”
, ed. Parkinson, 2nd ed, LBC Information Services,2003.
“Breach of Confidence” Chapter 12 in “Principles of Equity”, ed. Parkinson, LBC, 1996.
“Intellectual Property” Chapter 19 and “Non-Commercial Succession to Property: Executors and Trustees” Chapter 31 in “Business Law in Australia”, ed. Vermeesch and Lindgren, Butterworths, 1995.
“Damages for Breaches of Purely Equitable Rights”, Chapter 4 in “Essays in Damages”, ed. Finn, Law Book Co.,1992
“Freedom of Speech and Publication in the Public Interest”, Chapter 8 in “Confidentiality and the Law”, ed. Clarke, Lloyds of London Press, 1990.

Her recent articles are:

  • “Wills and Trusts:  Byrnes v Kendle in the High Court”, (2012) 86 ALJ 364.
  • “Removal of Easements & the Exception to Indefeasibility: Castle Constructions v Sahab Holdings.” (2013) 87 ALJ 581.
  • “Recent Developments in the Asia-Pacific Region” (2014) 20 (1-2) Trusts & Trustees 130-136
  • “The Native Title Right to Fish” (2014) 88 ALJ 227
  • “Native Title & Priorities: WA v Brown” (2014) 88 ALJ 452
  • “The Problem of Successive Vexatious Caveats Revisited” (2014)4 Prop.L Rev 59
  • “The Assurance Fund Confirmed as the Fund of Last Resort” (2014) 88 ALJ 694
  • “Recent Developments in the Asia-Pacific Region: Accessorial Liability for Breach of Trust and Sham and Illusory Trusts” ( Trusts & Trustees 2014; doi 10.1093/tandt/ttu205) (2015) 21 (1+2) Trusts & Trustees 67
  • “Forgery, Mortgages and Indefeasibility: Perpetual Trustees Victoria Ltd v Cox” (2015)  4 Property Law Review 219
  • Fraud, Joint Tenancies and The Torrens System: Cassegrain v. Cassegrain”(2015)89 ALJ 288
  • “Enviromental Protection & The Public Trust : Upper Mooki Landcare Inc. v Shenhua Watermark Coal Pty Ltd” (2016) 6  Property Law Review 59

 

Full Curriculum Vitae, List of Publications & Conference Papers.