Ethics Ruling Number
R5022
Area of Law
Family
Category
Conflict of Interest
Ethics Ruling Date
17/08/2023
Ethics Pub Date
18/09/2025
Ethics Background
Law Practice A acts for the Respondent in a family law property matter. The Applicant is the Respondent’s ex-partner. The matter relates to a dispute over the just and equitable distribution of a property, including whether the proposed Third Party Maternal Grandmother be allowed to be added to the proceedings and whether Law Practice A has a conflict of interest in representing both the Respondent and Third Party. The Applicant is arguing that Law Practice A is not able to act for both the Respondent and Third Party due to a conflict of interest. Law Practice A is arguing that the Respondent and Third Party’s interests are aligned, and no conflict of interest currently exists.
Ruling
In the opinion of the Ethics Committee, on the information presented and on the assumption that the third party is joined as a party to the proceedings: If, after obtaining independent legal advice (including as to what should happen if their interests diverge), the third party subsequently provides informed consent in accordance with Australian Solicitors’ Conduct Rule 11, Law Practice A can continue to act for both Respondent and third party.

Law Institute of Victoria
Ethics Committee of Law Institute of Victoria Ltd
Legal Ethics Manager
Phone: 03 9607 9336
Email: ethics@liv.asn.au

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