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It is important to look at all facets of the matter at hand, explore all the options available to resolve the matter and achieve the best possible outcome.

Our People - Family Law Experts


Ben Smith
, Partner, LL.B. GDLP, Accredited Family Law Specialist

Ben's Reflections on working at Berry Family Law:
  • I believe it is important that clients not only receive correct advice about their rights and obligations but that it be fair and unbiased advice, particularly during this time of uncertainty.
  • It is important to look at all facets of the matter at hand, explore all the options available to resolve the matter and achieve the best possible outcome.
  • Aside from the need to assist clients with existing problems, there is an emerging need and opportunity to assist with issues at the early stages of a relationship, ie binding financial agreements.


Ben has been working in family law since 2000 and during that time he completed a Bachelor of Laws and Post Graduate Diploma. He was admitted to practice in 2006.

Ben joined Berry Family Law in 2007 and obtained Accreditation as a Specialist in family law from the Law Institute of Victoria in 2011. On 1 July 2015 Ben became a partner of the firm.

Ben is a passionate lawyer who is experienced in all facets of family and relationship law, including parenting and property matters and intervention orders.

Ben also has extensive knowledge of surrogacy law and has experience in providing advice to those entering into surrogacy arrangements in India, Thailand and the United States. He has assisted parties who have, or intend to enter into a surrogacy arrangement in Australia and has provided advice in regard to the relevant legislation in their State or Territory.

Ben regularly appears in the Family Court of Australia and the County Court of Victoria seeking parenting orders and was one of the first practitioners to obtain a Substitute Parentage Order in the County Court of Victoria.

Ben is a past member of the Family Lawyers Committee overseen by the Law Institute of Victoria and is a current member of the Law Institute of Victoria and the Law Council of Australia. In addition, he has gained admission to practise in the High Court of Australia and the Supreme Court of Victoria.