They start disputes,

We end them.

  Martin Mallon    

Special Counsel

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With a strong record of successful outcomes, Marty helps beneficiaries and executors navigate estate litigation with minimal loss to the estate. He is a three-time finalist in the Lawyers Weekly Australian Law Awards — Senior Associate of the Year (2024 and 2022) and Regional Lawyer of the Year (2021).

Marty holds a Bachelor of Laws (Hons), a Postgraduate Diploma in Legal Practice, and a Master of Laws in Corporate and Commercial Law, all from Bond University.

Admitted as a solicitor in the Supreme Court of Queensland and the High Court of Australia, Marty brings over 15 years of legal industry experience. His practice is almost exclusively in wills and estate litigation, where he combines technical litigation experience with a practical understanding of the human dynamics that often sit beneath estate disputes. Many of his matters involve grief, family estrangement, financial dependency, vulnerability, blended families, cultural considerations, allegations of broken promises, or competing views about the deceased’s testamentary capacity.

Marty understands that people involved in estate disputes are often facing one of the most difficult periods in their lives—coping with the loss of a loved one while also navigating litigation, sometimes for the first time. He finds it incredibly rewarding to assist both Applicants and Respondents in achieving the best possible outcomes, which can at times be life‑changing.

The majority of Marty's practice involves family provision claims and disputes over the validity of a will including testamentary capacity, knowledge and approval, and undue influence acting for both Applicants and Respondents on behalf of estates. His broader estate litigation experience for Applicants and Respondents includes:

  • Family provision applications

  • Summary dismissal applications

  • Disputes involving testamentary capacity, knowledge and approval and undue influence

  • Complex cross-border and interstate estate disputes

  • Executor removal and co-executor disputes

  • Disputes concerning burial rights and custody of the deceased's body (Brown v Weidig [2023] NSWSC 281 (28 March 2023)

  • Executor and beneficiary disputes

  • Beneficiary representation under an estate

  • Australian Financial Complaints Authority complaints

  • Elder abuse, including power of attorney disputes and estate compensation

  • Public Trustee disputes in Queensland and New South Wales

  • Declarations of capacity

Marty has experience in eligibility disputes where DNA evidence is central. He has acted decisively to protect clients’ position — including filing caveats and declining to concede contested eligibility — and to press for the DNA testing needed to establish a claim, on occasion achieving life-changing results for clients whose standing had been denied. Where DNA evidence has not supported a client's claim, he has established their eligibility through a different and at times novel point of law, reflecting the strategic resourcefulness to find a path forward when the obvious one closes.

He also has extensive experience in disputes over burial rights and custody of the deceased's body — sensitive matters he navigates with compassion and respect for the deceased's wishes, frequently involving cultural or religious considerations alongside the needs of the bereaved family.

Dedicated to community service, Marty volunteers at My Community Legal Inc, aiding the vulnerable and disadvantaged on the Gold Coast. He is an affiliate of the Society of Trust and Estate Practitioners (STEP), promoting professional integrity and education, and a member of Pride in Law and Amnesty International Australia.

Tusk Lawyers is a boutique Gold Coast & Sydney based law firm.

Our seasoned lawyers are dedicated to achieving the litigation results you need, combining efficiency and sophistication.

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Contact

Phone
1300 890 391

Email
info@tusklaw.com.au

Gold Coast
Suite 10, 29 Commerce Drive Robina QLD 4226

Sydney
Level 13, 111 Elizabeth Street, Sydney 2000

Monday - Friday
9am - 5pm