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Smith Family Law

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Melbourne, VIC
Smith Family Law

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Specialist family and estate planning lawyers; office in Melbourne, Sunshine and Williamstown.

We are a family law and deceased estates law firm providing our services across Victoria. We offer the full suite of services in family law from separation through to divorce including property matters, children and parenting, financial agreements, family violence, surrogacy and working with the LGBTI community. We also provide deceased estates services from Grant of Probate or Letters of Administration when managing a deceased estate and contested Wills and other estate litigation matters. You can access our services through remote appointments or at any one of our dedicated offices in Melbourne, Sunshine and Williamstown.

05/10/2026

If the Court orders a Single Expert report in your parenting matter, it can shape what happens next. These independent professionals assess the family and make recommendations, but what you tell them is not confidential.

This article explains what Single Experts do, who pays for their reports and what you can do if you disagree with the findings: https://dub.sh/k61mUZW

21/09/2026

AI tools can help you organise your thoughts, draft questions or understand legal terms if you're going through separation, but they're no substitute for personalised legal advice.

The Federal Circuit and Family Court of Australia now permits responsible AI use in family law matters under its new Practice Direction, though accuracy and confidentiality risks remain real concerns for anyone using it.

Our latest blog breaks down what AI can and can't help with, and what the Court expects if you use it in your matter: https://dub.sh/oXHfxLR

08/09/2026

Bitcoin, Ethereum and other digital assets are treated just like any other property in a family law settlement. That means they need to be disclosed, valued and divided, even though their value can shift quickly.

This article breaks down how cryptocurrency is treated in a family law property settlement: https://dub.sh/tuQGAd8

24/08/2026

Where would your executor find your original Will if something happened to you today? In Victoria, the original document (not a copy) has to be lodged with the Supreme Court to apply for probate, and a missing Will can create real headaches for your loved ones.

This article explains where you can safely store your original Will, and what happens if it can't be found: https://dub.sh/7sj2a0B

09/08/2026

Does a former partner's gambling affect a property settlement? Under recent Family Law Act amendments, "addbacks" are gone, but the Court can still adjust a settlement for gambling losses that are "so disproportionate" they can't be ignored.

We unpack two recent cases and what they mean for you here: https://dub.sh/qYPNSEX

26/07/2026

Ever wondered what happens if paternity is disputed during a family law matter? DNA (or "parentage") testing can play a key role in resolving these disputes, but the Family Law Act sets out strict rules about when a court can order it - and what happens if someone refuses.

Here's a closer look at the presumption of parentage, when testing can be court-ordered, and what your options are if parentage is in question: https://dub.sh/DRDFQNP

12/07/2026

Did you know a Victorian court can refuse a Grant of Probate if the deceased didn't own any property in Victoria - even if they lived there? Asset location rules can get tricky, especially with shares, vehicles or accounts held interstate. We break down exactly how it works: https://dub.sh/dRIwjUS

28/06/2026

When you think about dividing assets after separation, collections and collectables might not be the first thing that comes to mind - but they can carry significant financial value and may form part of your property settlement. If you or your former partner has a collection, it's worth understanding how these items are treated under Australian family law, including how they're valued and what disclosure is required. This article covers what you need to know: https://dub.sh/5V9vQZs

17/06/2026

When separated parents in Victoria can't agree on a major medical procedure for their child, the Court may need to step in. This article explains what the law says about parental consent, Gillick competency, and how these disputes are resolved in family law proceedings: https://dub.sh/mr6dZvh

31/05/2026

Being left out of a Will - or not adequately provided for - doesn't necessarily mean you have no options. Victorian law allows certain people to challenge an estate through a family provision claim, but eligibility depends on your relationship to the deceased and your circumstances.

Find out whether you qualify and what the court takes into account: https://dub.sh/0ymYf9Q

Address

Level 6, 224 Queen Street
Melbourne, VIC
3000

Opening Hours

Monday	8:30am - 5pm
Tuesday	8:30am - 5pm
Wednesday	8:30am - 5pm
Thursday	8:30am - 5pm
Friday	8:30am - 5pm

Telephone

+61386258957

Website

https://www.smithfamilylaw.com.au/

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