Brendan Herbert

A client who was close to a separation needed help when their partner tried to prevent a just and equitable property settlement. Interests in a valuable company had been transferred to a third party and they had also attempted to transfer the family home. Brendan and team had to act quickly, obtaining injunctions to prevent the partner transferring more assets out of the client’s reach. Using a forensic accountant, the business assets were valued and ultimately included in the property pool. Thanks to Brendan Herbert, a trial was avoided, managing the matter through mediation instead. After hard negotiations, a settlement was reached and the client was happy with the outcome.

Wanting to protect the future of the family business founded 30 years ago by his father, a client needed a Financial Agreement to safeguard the business and family assets and inheritance in the event of a relationship breakdown with his fiancée/wife. The agreement was prepared by Brendan Herbert to ensure the client’s business assets and shares, trust assets, inheritances and superannuation would be kept separate if there were any potential matrimonial dispute. Due to the commercial nature of the assets, Brendan involved other firm colleagues with specialist skills in estate planning and commercial to ensure the most comprehensive agreement.

Matters involving a potential relocation of a child’s residence are known as some of the most complex parenting cases. There are usually strong and valid arguments on both sides. Brendan Herbert and team have successfully argued for parents seeking to relocate as well as parents opposing the relocation.

A client wanted to relocate interstate with her two very young children, a move the other parent opposed. Thanks to Brendan, the client was successful at the interim hearing and was permitted to relocate the children to be closer to her extended family and then was ultimately permitted to relocate the children permanently. Brendan’s argument focused on what would be in the best interest of the children. This included independent expert evidence to support the client’s claim that the children’s primary attachment was to her and that the move interstate would improve her well-being and she would be able to be a better parent to her children. A workable parenting arrangement was prepared to foster a meaningful relationship with both parents. The court agreed that the arrangement was in the best interest of the children.

Brendan Herbert represented a parent opposing the relocation of his children, seeking orders that the children to remain near him. Brendan’s advice on this matter highlighted to the Court the risk that child’s relationship with his father would not withstand the distance if he moved interstate with his mother. Brendan addressed the benefit of the child’s ability to have a relationship with both parents, achieving a successfully outcome for the client at the interim and the hearing.