Ben Sayer

Ben Sayer.

Partner
Melbourne

Ben has been consistently recognised in the Doyle’s Guide rankings across 2019 through to 2026 for his expertise in Family Law, including as a Preeminent Lawyer in Parenting Law. With more than two decades of experience, Ben has practised extensively across all areas of family law and is a co-founder of Sayer Jones.

Throughout his career, Ben has established himself as one of Australia’s foremost advisers on domestic and international surrogacy, fertility, and adoption law. Ben has ensured that Sayer Jones is at the forefront of ethical family creation whilst assisting parents, surrogates and donors alike in a holistic and guided fashion.

Ben is also recognised for his significant expertise in parenting matters, particularly those involving complex factual circumstances, entrenched conflict and allegations of risk to children. His previous experience as an Independent Children’s Lawyer has equipped him with a sophisticated and considered understanding of matters involving family violence and other circumstances requiring protective arrangements for children. Ben works closely with clients to ensure that proposed parenting arrangements are practical, child-focused and responsive to each child’s individual circumstances.

By extension, Ben maintains a comprehensive practice on property matters, including those of high conflict and complexity. Ben brings a commercially astute and outcome-driven approach to financial disputes, whilst remaining highly attuned to the personal and practical realities which accompany family law matters.

Ben’s unrelenting but balanced and resolution focused approach has seen him become one of the most reputable voices in all aspects of parental and reproductive law in Australia.

Notable cases

  • Hartley & Pether [2010] FamCA 28, Benson & Orlando [2009] FamCA 440, Hill and Anor & Radcliffe [2013] FamCA 1153 and Asiri & Asiri [2025] FedCFamC1F 547 – leave to proceed to adopt.

  • Laughlin & Jenkins (No. 2) [2014] FamCA 922 – change of name - leave to proceed to adopt.

  • Bortoli & Bortoli [2020] FamCA 1055 – entitlements of third-party respondents – where a representee establishes a representation was made with reckless indifference to the truth - costs - where Respondent wife’s application for property orders wholly unsuccessful – where delay in proceeding due to conduct of the wife. 

  • Burton & Tsai [2022] FedCFamC1F 145 – where Respondent conceded that the parties had been in a de facto relationship - costs - where an order for indemnity costs is justified.

  • Cross & Cross (No 2) [2025] FedCFamC2F 518 - family violence – coercion and control – risk to children of enmeshed relationship with father – sole parental responsibility.

Testimonials

“Could not speak more highly enough of Ben, Laura and the team. We have previously used Bens services in the past, so had no hesitation in hiring him again for our family law matter. From the beginning Sayer Jones always kept us informed and explained in detail all the steps required for us to be successful in our matter. Please do yourself a favour and give them a call.”
“Dear Laura and Ben. We appreciate your commitment to our matter, and we would like to express our gratitude for the unwavering support and valuable advice that you have provided us throughout the years.”
“I couldn't recommend Ben and his team enough... The work they did for me was absolutely outstanding...”
“I would also like to express my gratitude …your ongoing support and assistance throughout this entire process have been greatly appreciated.”
“Can’t speak more highly of Ben and his team. They supported us through two complex surrogacy journeys, one local and one in Canada. Ben’s depth of knowledge, genuine care for his clients and personable, easy going approach helped us navigate the biggest challenge of our lives. We always felt supported and are so grateful.”
“Thank you, Ben. I appreciate your representation and guidance throughout this process. I am very glad to be on the other side of this.”

Qualifications, Committees & Memberships

  • Bachelor of Laws and Bachelor of Science

  • Admitted to practice in the Supreme Court of Victoria and High Court of Australia

  • Association of Fertility and Surrogacy Professionals – Advisory Panel

  • A member of:

    • The Law Institute of Victoria

    • The Family Law Section of the Law Council of Australia

    • American Bar Association

    • LAWASIA, the Law Association for Asia and the Pacific

Doyle’s List Rankings

The 2026 listing of leading Victorian Parenting & Children’s Matters Lawyers details individuals who have been specifically highlighted for their expertise, abilities and experience in complex parenting/child custody issues and disputes. These rankings also include individuals with experience acting as an independent Children’s Lawyer in relation to matters that may include, but are not limited to, family violence, physical, sexual and emotional abuse of children. Individuals included in our broader Family Law rankings may also possess significant skill with respect to parenting matters however have not been identified for such.