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. She has appeared in a number of cases involving testators family maintenance claims (both for executors and for children and various other claimants) and testamentary capacity and other estate and trust-related matters. A selection of cases includes:- Lollis v Loulatzis [2008] (constructive trust claim); in re Vourdoulidis [2013] VSC 34 ; 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 (freezing order); Brown v Guss [2014] VSC 251 (testatmentary 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)
She also has extensive experience as a mediator.
She holds a Diploma in International Commercial Arbitration from CIArb. She is a Co-author of Butterworths loose-leaf service "Wills Probate and Administration Service Victoria". She has 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. 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, College of Law, in Wills and Probate law. She is a former Member and Chair, Firearms Appeals Committee, an appeals committee constituted under the Firearms Act.