Carolyn Sparke KC

Barrister

Bar Roll: 30 May 1991
Admitted: 31 July 1989
Silk Appointed Date: 27 November 2012

Carolyn Sparke is a barrister specialising in Equity, Trusts, Wills, Probate and Commercial law, with extensive experience in mediation, estate disputes, and advocacy training.

About Carolyn

Carolyn Sparke graduated from Melbourne University in 1987 with LLB, B Sc (computer science). She signed the Bar Roll in 1991, reading with Noel Magee QC, after Articles and early solicitor experience at Minter Ellison.

She specialises in Equity and Trusts and in Wills and Probate law. She has a wider practice in general commercial work, including superannuation disputes, property law, corporations matters, Guardianship/Administration/Power of Attorney disputes and Family Law matters which involve commercial or trust property issues.

Carolyn has appeared in a number of cases involving testators family maintenance claims and testamentary capacity and other estate and trust-related matters. A selection of cases includes:

  • Lollis v Loulatzis [2007] VSC 547 and (no 2), (no 3) [2008] (constructive trust claim);
  • Re Flavel; Flavel v Flavel [2020] VSC 19;  (Family Provision claims);
  • Sultanova v Bolgarow & Anor [2019] VSCA 245 (informal will);
  • Giarrusso v Veca and Michielin [2015] VSCA 214 (probate caveat proceeding);
  • Harofam v Scherman [2013] VSCA 104 (interpretation of clause in sales contract);
  • Ross v Simmons [2018] VSCA 342 (appeal on issues relating to estate claims);
  • Tribuzi v Tribuzi; Pickett & Anor v Amin & Anor [2025] VSC 400 (freezing orders);
  • Brown v Guss [2014] VSC 251 (testamentary capacity and undue influence);
  • re Fanning [2014] VSC 222 (conduct of executor);
  • Chan v Valmorbida Custodians Pty Ltd [2021] VSC 527 (access to trust documents);
  • Re Hely; Application by Arbuthnot & Donoghue [2018] VSC 614 (rectification of will);
  • Nguyen v Australian Financial Complaints Authority [2024] FCAFC 77 (superannuation death benefit claim);
  • Sternfein v Bloom [2025] VSCA 275 (eligibility to make family provision claim);
  • Markovic v Stefanovic [2026] VSCA 46 (Family Provision claim).

 

She also has extensive experience as a mediator and holds a Diploma in International Commercial Arbitration from CIArb.

Carolyn is a co-author of Butterworths loose-leaf service "Wills Probate and Administration Service Victoria". She has also been a member of the Editorial Committee, "Wills and Probate Bulletin" and the "Trust Quarterly Review". She is a member of the Society for Trust and Estate Practitioners ('STEP') and sits on their policy subcommittee. In May 2014 she obtained the Advanced Certificate in Trust Disputes from STEP.

Carolyn is a regular presenter at seminars - 'Wills and Probate conference', Law Institute seminars and so on - generally in the area of Wills and Probate Law. Law Institute Journal publications - "Where there's a will there's a way" and "Where there's a will there's a further way".

She is an Advocacy Instructor with the Victorian Bar, the Australian Advocacy Institute and the Australian Bar Association. She has taught advocacy at the University of Melbourne and at various locations internationally. She has been an adjunct lecturer at the College of Law, in Wills and Probate law. She is a former Member and Chair of the Firearms Appeals Committee, an appeals committee constituted under the Firearms Act.

Areas of Practice
ArbitrationContractual DisputesCorporate InsolvencyEquityFamily lawFamily ProvisionFiduciary DutiesGuardianship and AdministrationMediationsPowers of AttorneyPropertyReal PropertySuperannuationTrustsWills and Probate
Jurisdiction
Victoria
Contact
To enquire about this barrister’s availability, suitability, or fees, please contact our our experienced Barristers' Clerks using the details below.

Anna Svenson

Director & Principal Clerk


Olimpia St George

Barristers' Clerk

Kristie Sullivan

Barristers’ Clerk

Dr Angus Cameron

Barristers' Clerk

Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister’s clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.

Related Learning & CPDs
Video

Ethics in Estates Practice

Slides (PDFs)

Ethics in Mediation

Related News & Events
Recognition & Awards

Congratulations to List member Carolyn Sparke KC on being recognised by Doyles Guide as ‘Preeminent Wills & Estates Senior Counsel – Victoria, 2025’

Congratulations to List member Carolyn Sparke KC on being recognised by Doyles Guide as ‘Preeminent Wills & Estates Senior Counsel – Victoria, 2025’ Well done Carolyn!

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