Marc Testart

Principal

Former Barrister, practising family law since 2008

Year Joined Firm: 2013 (Founding Principal)

About

Marc Testart founded Testart Family Lawyers in 2013 after five years practising predominantly in family law as a barrister. His career took a turn in a different direction from many family lawyers. While many lawyers begin as solicitors before moving to the Bar, Marc started in court, working with some of the most high-conflict family law disputes.

He saw firsthand what prolonged litigation could do to people. By the time some clients reached a final hearing, they had already spent months or years in protracted disputes, collecting evidence and facing the prospect of cross-examination.

Marc recalls seeing ‘clients who had aged five to ten years in the space of one to two’ and wanted to find a way to turn back time a year or two and help his clients avoid the court process altogether.

These experiences shaped the firm’s founding philosophy. Marc wanted to bring his understanding of how cases unfold in court to the beginning of the process, helping clients understand their options early and resolve disputes without litigation wherever possible.

‘Part of what motivates me is trying to help people resolve one chapter of their lives and move on to the next chapter with hopefully a sense of hope and optimism.’

Today, Marc works with people going through separation, divorce and other family law issues involving their children, finances and future. He takes time to understand what matters to each client, the pressures they are facing and what they hope to achieve. From there, he develops a strategy suited to their circumstances, whether that involves negotiation, mediation, or, if there are no other alternatives, court proceedings.

For Marc, the goal is not simply to resolve a legal dispute. It is to help people move into the next chapter of their lives with hope, a sense of agency and their dignity intact.

‘Everybody deserves dignity, but there’s a difference between dignity and respect. Dignity doesn’t mean that you allow the other person to take advantage of you.’

That distinction informs how Marc approaches family law. Resolving conflict does not mean giving up on what matters. It means understanding when to negotiate, when to hold firm and when taking decisive action is necessary to achieve a workable outcome.

Areas of Expertise

Marc’s practice focuses on parenting and property matters, often involving both. He also assists clients with family violence issues, urgent applications and other legal questions that arise during separation.

Parenting arrangements: Negotiating parenting arrangements, including how much time children spend with each parent and decisions about education, health, religion and a child’s name.
Property settlement: Resolving financial matters involving the family home, shares, superannuation, family trusts and business interests.
Family violence and intervention orders: Advising on intervention orders under Victoria’s Family Violence Protection Act 2008 and helping clients understand how proceedings in the state courts may interact with family law matters.
Urgent family law applications: Advising on urgent spousal maintenance matters, injunctions, intervention orders and airport watch list orders where there are concerns about a child being taken overseas.
Child support: Helping clients address child support issues that arise alongside parenting or property matters.
Relocation matters: Advising on disputes about relocating with children, including matters that require consideration of the legal and practical implications of a proposed move.
Family law litigation and appeals: Drawing on his experience at the Bar to advise clients when court proceedings are necessary and represent their interests through contested matters.

Marc’s Approach to Family Law

Marc prefers to resolve family law disputes through negotiation and mediation wherever possible. Court proceedings can be costly, time-consuming and emotionally demanding, so he looks for opportunities to reach workable agreements before litigation becomes necessary.

That does not mean avoiding court at all costs. Marc recognises that there are circumstances where a negotiated outcome is not possible, or where decisive legal action is needed to address an urgent issue or protect a client’s interests.

‘Sometimes, to minimise conflict in the long term, you need to engage in conflict in the short term.’

His approach is to assess the circumstances carefully, explain the available options and help clients make informed decisions about the path forward. Where a court application is necessary, his experience as a former barrister helps him consider the issues that may become important if a dispute proceeds to a hearing.

Focused On Solutions, Not Just Compromises

Marc approaches negotiation on the basis that family law is rarely a zero-sum game. The outcome does not always have to involve one person winning at the other’s expense.

For example, one person may place greater value on retaining the family home, while the other may prefer to retain superannuation or other investments. Identifying these priorities can open up options that may not have been apparent at the beginning of negotiations.

The key is understanding what matters most to each client, where there may be room for trade-offs and which issues need to be pursued more firmly.

Representation At Mediation

Marc represents clients at mediation as their advocate and negotiator. The firm generally engages an experienced family law barrister to act as the independent mediator, while Marc advises his client, presents their position and works towards a resolution.

Mediation provides an opportunity to discuss the issues, explore settlement options and potentially resolve matters without a contested court hearing. Marc helps clients prepare for that process, understand the legal and practical implications of proposed terms and assess whether an agreement meets their needs.