Jennifer Stuckey-Clarke

Areas of Practice

Appellate

Banking

Commercial

Equity

Wills/Probate and Estate Planning

Native Title

Property

Intellectual Property

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 and Vice-President (Asia Pacific) until 2022. 

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. 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 was a contributing editor to the Property Law Review (Thomson Reuters) until 2018.

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 selected publications 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
• “The Age of Entitlement: Family Provision Claims by Adult Children” (2018) 92 (No.5) ALJ 328
• "Report from International Trust Litigation Commttee: Investec Trust (Guernsey) Ltd v. Glenella Properties [2018] UKPC 7 – trustees’ liability to third parties” , Trusts & Trustees, vol. 25, Issue 1, 1.2.2019, pages 156-159.  For free article access click here.

Click here to view Ms Stuckey-Clarke's full Curriculum Vitae, list of publications and conference papers.

Admitted to NSW Bar: 1991

Admitted as an Australian Lawyer: 1991