Michele Brooks

FAMILY LAW BARRISTER & ADVANCED MEDIATOR 

Michele Brooks (nee Bates) has been practising as a lawyer exclusively in Family Law since 1997.  Prior to coming to the Bar in 2006, Michele was a partner at Harwood Andrews Lawyers, based in Melbourne and Geelong.  Michele worked as a family law solicitor for 10 years prior to being called to the Bar, during which time she regularly appeared as a solicitor advocate.  Since 2006, Michele has been a Barrister specialising in family law.

Michele has expertise in all areas of family law litigation. Michele accepts briefs to appear in Court Hearings, Mediations (as Mediator and Counsel/advocate), to prepare Advices, draft Documents and Confer/Advise with clients and solicitors in a wide range of family law matters.

Michele is a Nationally Accredited Mediator (NMAS) with a special interest in Alternative Dispute Resolution in family law.  Michele is also a Victorian Bar Accredited Advanced Mediator (VBAM).  She is frequently appointed as a court-ordered Mediator to assist parties in resolving their Family Law disputes. 

Michele is available through her clerk Foley's List Pty Ltd to accept appointments as a Court Ordered Mediator in all family law matters and also in Pre-Action Mediations (as well as briefs to appear as Counsel).  Michele conducts mediations at Owen Dixon Chambers, via Zoom, in FCFCOA Circuit locations, at solicitors’ offices or at any other mutually convenient venue chosen by the parties and their solicitors.

As a family lawyer, litigator, mediator and arbitrator, Michele has 28 years’ experience working with people going through a most difficult time in their lives.  She is passionate about using her expertise to assist parties to resolve their disputes in a dignified and timely way, and to avoid the stress and cost of unnecessarily prolonged litigation.

ARBITRATION 

Michele is also a nationally certified Family Law Arbitrator under Regulation 67B of the Family Law Regulations 1984, by the Australian Institute of Family Law Arbitrators and Mediators (AIFLAM). 

AIFLAM MEDIATION COACH & ASSESSOR

Michele regularly assists the Australian Institute of Family Law Mediators and Arbitrators (AIFLAM) in delivering its training and accreditation programs, in the role of Mediation Coach and Assessor, for lawyers seeking National Accreditation as a Mediator. 

ADJUNCT LECTURER - Master of Applied Law (Family Law) – College of Law

Michele has for over a decade (since 2013) been employed as an Adjunct Lecturer in the Masters of Applied Law (Family Law) course, at the College of Law.  In addition to lecturing, Michele has been employed by the College in the past to create curriculum and assessment content and update lecturing materials for the Masters Course. Michele has also presented numerous workshops and webinars for College of Law. 

Michele prides herself on being thorough, proactive and straightforward in all her professional dealings.

FAMILY LAW EXPERTISE 

Michele has extensive experience and expertise across the following areas of family law:

Children’s welfare disputes including:

• allocation of parental responsibility;
• where children live, travel, spend time (and with whom);
• specific issues affecting children’s day to day and long term welfare;
• children’s name disputes;
• recovery and relocation of children;
• child support agreements; and
• exploring options for dispute resolution outside of Court.

 

Division of property after relationship breakdown including:

• injunctions to prevent removal or wastage of

assets; transfer, sale or division of real estate, family businesses, farming properties and other investments/assets subject of family law disputes; transfer or dissolution of business partnerships and complex company/trust structures;ensuring identification/ valuation of all assets and resources including overseas assets; handling cases involving tax, bankruptcy or deceased estate issues;superannuation splitting, including self-managed superannuation funds; and Binding Financial Agreements (including pre- or post-nuptial) where parties wish to exclude or limit jurisdiction of the Court to deal with their assets.

 

Division of income and financial resources after relationship breakdown including:

• pursuing spouse maintenance claims for regular or lump sum income payments;
• terminating spouse maintenance claims via binding financial agreements;
• pursuing child support entitlements, including private child support agreements (limited and binding) for regular and/or lump sum payments;
• private agreements for child school fees or special needs costs; and
• over 18 child maintenance.

 

PUBLICATIONS/ LEGAL PAPERS

Author of various newspaper articles, brochures and booklets in relation to family law including the following  legal papers delivered (see links in “Publications”):

• “Parental Responsibility – Using it and Losing it”   (8 November 2013)
• "Binding Financial Agreements - Recent Changes"  (25 March 2010)
  •  http://bit.ly/BFARecentChangesMar10
• "Practice Direction No.2 of 2017 - Interim Family Law Proceedings in the FCC" (Feb 2018)
• Inheritances in Family Law - Case Update (12 Oct 2018) 
  • http://bit.ly/2HxH2QbCaseUpdateInheritancesFamLawOct18
• Podcast: "Costs Agreements & Ongoing Disclosure - Tips & Traps for Solicitors" (12 March 2021)
  • https://foleys.com.au/ResourceDetails.aspx?rid=484&cid=3 
• "Child Relocation Applications & Case Update 2022" (15 November 2022) 
  • https://bit.ly/ChildRelocationApplicationsandCaseUpdate2022 

 

TRIBUNAL MEMBER - University of Melbourne Grievance Tribunal 

Michele was appointed by the Students' Council of Melbourne University as a member of the University Student Union (UMSU) Grievance Tribunal for 2013. The Tribunal hears and resolves disputes between student members whenever they arise.

PROFESSIONAL BACKGROUND

Michele has been actively involved in the family law community for 28 years:

• Member (approx 25 years) of the “Family Lawyers Expert Panel” convened by Relationships Australia Victoria The panel meets regularly with RAV Mediators and panel members provide advice to Mediation clients by referral from RAV.
• Extensive experience appearing as an advocate for family law clients in Mediations, Conciliations and other forms of Dispute Resolution.
• Presenter of family law papers as a guest speaker for major legal CPD providers in Melbourne including the Leo Cussen Centre for Law, as well as presenting family law seminars to community and professional groups around regional Victoria. 
• Founding member of the “Intervention Order Support Scheme” piloted by Springvale Monash Legal Service Inc at the Dandenong Magistrates’ Court in 1994
• Founding member of “Crimes Compensation Assistance Scheme” piloted at the South Eastern Centre Against Sexual Assault (SECASA) in 1995.
• Regular past volunteer solicitor at Community Legal Centres in both Melbourne and Geelong. 

 

OTHER MEMBERSHIPS

• Australian Institute of Family Law Arbitrators and Mediators (AIFLAM) (as a nationally qualified Mediator and certified Arbitrator) 
• Law Section - Law Council of Australia
• Law Section - Law Institute of Victoria 
• Past Deputy Chair – New Barrister’s Standing Committee (Victorian Bar)
• Fixed Fee Mediation Scheme - AIFLAM - member since inception of scheme 
• Family Law Bar Association