Emario was admitted to practice as a Solicitor in the Supreme Court of Queensland in 2001 and the High Court of Australia in 2002. Prior to moving to Australia, Emario has also been admitted as a Solicitor in England & Wales in 1992; and as an Attorney-at-Law in his native Sri Lanka in 1989. He brings with him extensive experience gained in practicing law in three common law jurisdictions – Sri Lanka, England & Wales and Australia.
Emario has worked extensively in the area of Family and Relationships Law and made a notable contribution to the development of Family Law in several key positions held in a number of well-regarded Brisbane CBD firms over the last 15 years. The majority of his work involves advocacy in both adversarial and non-adversarial Family Law forums. Emario regularly advises in the following areas:
All aspects of Family Law (and related areas) including:
- Property settlement (both domestic and international)
- Domestic & Family Violence Protection
- Children’s Law
- Collaborative Law – Mediation
- Spousal maintenance matters
- Binding Financial Agreements
- Superannuation Splitting Agreements
- De facto Relationships (both heterosexual and same sex relationships)
- Parenting matters (including International Child Abduction (Hague Convention) matters, international child support disputes, inter-country adoptions, international custody orders, , relocation matters, location and recovery orders, child support issues
Other practice areas include:
- Wills & Estates
Emario’s passionate belief is that to achieve the best outcome for a client requires a process of actively engaging the opposition in purpose-orientated discussions to steer the matter towards a mutually beneficial settlement earlier on in the life of the dispute, before the dispute becomes intractable.
Emario also has academic experience as a lecturer and examiner at the Sri Lanka Law College and the American College of High Education (affiliated to the University of Boston). He holds membership with the Law Council of Australia (Family Law Section & International Law Section), and the International Law & Relations Committee of the Queensland Law Society, the Family Law Practitioners Association of Queensland, and the Brisbane West Chamber of Commerce. Emario is multilingual, speaking fluent English and Singhalese; and can converse in Tamil.
He is also a regular presenter in the Legal Practice Course at QUT.
Emario’s qualifications are:
- Attorney-at-Law (Sri Lanka)
- Solicitor (England & Wales)
- Solicitor (Queensland & High Court of Australia)
- Master of Laws (University of Nottingham, UK)
Outside of work, Emario is a Special Minister & Reader at his local Parish. He enjoys reading biographies, listening to Gregorian music and spending quality time with his son at cricket and basketball.
An avid cricket enthusiast, he is not embarrassed to admit that for many decades he was an English supporter but has been preached to by his cricketer son and converted to an Aussie supporter in the last five years. That said, he has a great love for Trent Bridge where he spent many pleasant summers watching cricket (and rain) in his long gone youth.
Recent Publications & Presentations
- The Gloss of presenting as a couple: What is a de facto relationship?
- Will the Court allow children of separated parents to relocate with their mothers?
- Wife receives 100% of property pool at property settlement
- The Control Test in a Work Relationship
- Property settlement: Contributions significantly more ardous due to family violence
- Webinar: Experts in the family law arena: Rights, Duties and Expectations
- Family Law Act – is future professional income “property”?
- Potentially polygamous foreign marriage – are they recognised as valid in Australia?
- Post separation contributions in property settlements
- Property Settlements – the geographical requirement
- Bail v Scott-Mackenzie  VSC 563 – The “Stepchild” of a Deceased Now Includes the Child of his or her Domestic Partner under the Administration and Probate Act 1958 (Vic)
- Binding Financial Agreement Stands despite one party claiming “We Weren’t Even Friends”
- Claims by parents in property settlements
- Family Law: The Wealth of a Party’s Family is Irrelevant in Property Settlements or Spousal Maintenance Orders
- Quarantining of funds – the ademption principle in action
- Homemade wills: Overcoming the curse
- Family Law Property Settlement: Litigation funding prospects unrealistic where no fund of money is available
- Family Law – a Dual Purpose or “two-in-one” Binding Financial Agreement?
- Family Law Property Settlement – when is a miscarriage of Justice sufficient for the Court to set aside a Consent Order?
- Family Law – Who owns the lottery winnings in a property settlement?
- What are Contributions?
- The Cost of Extensions of Time for Applications made under a Deceased Estate – Lessons from Mortimer v Lusink & Ors
- The impact of estranged relationships in bringing a Family Provision Application
- Interim Spousal Maintenance Order discharged where recipient able to support herself
- Homemaker and Parent Contributions in Family Law Property Settlement
- De facto or Simply Close Friends
- Family Law Property Settlement Process and Life Expectancy
- Adult Child Claims More Fathers Estate
- Duty to advise the Will Maker on Family Maintenance claims
- Non-Parent Child Support Assessment 101
- Binding Financial Agreements and Estate Planning – Gaining Maximum Leverage