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one eagle – waterfront brisbane
level 30, 1 eagle street
brisbane qld 4000
+61 7 3235 0400


40-42 scott st,
dandenong vic 3175
+61 3 9794 2600


level 7, 600 bourke st,
melbourne vic 3000
+61 3 8615 9900


level 21, 20 bond st,
sydney nsw 2000
+61 2 8298 9533

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Brendan Herbert

principal lawyer, private clients | family law

meet Brendan

about Brendan

melbourne office +61 3 8615 9940
law clerk: sharon smithurst +61 3 9794 2660

about Brendan

Brendan Herbert knows from experience that everyone is vulnerable when they need family law advice; he knows their lawyer can have a huge impact on their lives. Guiding his clients through the rocky road of relationship breakdowns, Brendan works not only tirelessly but empathetically to achieve the best possible outcome for his clients and their families.

Brendan’s success with his clients’ matters has a great deal to do with his approach. Never wanting to worsen the situation, Brendan works to take the heat out of the situation and those involved from the outset, resulting in calmer attitudes going into dispute resolution.

Viewing what he does as a privilege, Brendan is driven by the fact that his extensive skills in all areas of family law provide him with the ability to improve his clients’ circumstances as minimal fuss, stress and cost to the client as possible.

“I like to help people who are in need. I think it is a real privilege to guide people through difficult times and help improve their circumstances.”

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Areas of Expertise

  • All aspects of family law
  • Asset protection
  • Complex property disputes
  • Formalising agreements
  • Litigation
  • Negotiation and mediation
  • Parenting disputes


recent experience

  • quick actions make for fair property settlement

    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.

  • financial agreement safeguards to protect business assets

    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.

  • complex parenting issues

    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.

  • complex parenting issues

    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.