Clara Klemski
LLB, B.Env.Mgt, GDLP, GDA&CM, MALP

Clara Klemski

Senior Solicitor

Expertise


Clara holds a Master of Administrative Law and Policy from the University of Sydney, qualifications with first class honours in Environmental Management and honours in Law from Macquarie University and a Graduate Certificate in Arts and Cultural Management. She has advised on environment and planning issues in private practice in large law firms and specialises in Aboriginal cultural heritage and Aboriginal land rights. She was tipstaff to his Honour Justice Craig in the Land and Environment Court of NSW and has also worked for the Australia Council for the Arts and as the Artists in the Black solicitor at the Arts Law Centre of Australia, visiting Aboriginal communities and advising on copyright for Indigenous artists.

Photo by Jamie James
Artwork: Bibi Barba, 'Terri - Butterfly Flowers Dreaming' (2020)

Experience


Recent experience includes:

  • Leading a dispute resolution matter on behalf of an Indigenous artist to locate and return a misappropriated artwork;

  • Advising a client on copyright, Indigenous Cultural and Intellectual Property (ICIP) Rights and moral rights infringement of her artwork for use in a government advertising campaign;

  • Advising an internationally renowned Indigenous artist on copyright, ICIP and moral rights infringement of artworks by an art gallery;

  • Litigation in the Land and Environment Court in planning and environment law, including cases on impacts of development on Aboriginal cultural heritage;

  • Advising on Traditional Ecological Knowledge for a national environmental organisation including preparing contracts for Traditional Owners to protect ICIP;

  • Researching and reviewing the recent Environmental Protection and Biodiversity Conservation Act 1999 reforms and existing Aboriginal cultural heritage laws;

  • Drafting and negotiating major project agreements and advising on complex commercial transactions relating to mining and environmental processes; and

  • Drafting and advising on licensing agreements for use by Indigenous artists, media organisations and corporations to protect copyright and ICIP.


Clara also regularly presents the firm’s True Tracks® workshop for corporate and government clients.


Community


Clara has served on the Indigenous Issues Committee of the Law Society of NSW and is currently a member of the Environment and Planning Law Association of NSW and the Australian Institute of Administrative Law. Clara has produced work as a playwright with the Sydney Fringe Festival and interned with Playwriting Australia. She was artist-in-residence with Shopfront Contemporary Arts Centre and has contributed to the Sydney Arts Management Advisory Group (SAMAG) as a Committee Member. Clara currently serves on the Board of Brand X, a not-for-profit organisation that helps develop and make space for artists. When she is not exploring the great outdoors with her daughter, Clara can be found at the beach or in the yoga studio.

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