Ethics Ruling Number
R5023
Area of Law
Family
Category
Inadvertent disclosure
Ethics Ruling Date
19/10/2023
Ethics Pub Date
18/09/2025
Ethics Background
Law Practice A acts for the husband in a contested property settlement family law matter. The husband was previously represented by Law Practice B. Law Practice C acts for the wife in the matter. The husband and wife separated when the husband moved out of the matrimonial home into the adjoining shed after the husband had decided to end the marriage. The ethical issue which has arisen concerns Law Practice C’s use of a letter containing privileged legal advice addressed to the husband by his then solicitors Law Practice B.
Ruling
In the opinion of the Ethics Committee and on the information presented: 1. Law Practice C should have immediately informed the husband’s solicitors that the firm had come into possession of what appeared to be a confidential and privileged letter of legal advice addressed to the husband by the solicitors and asked whether the husband had waived the privilege in it. 2. Law Practice C should cease acting for the wife in the family law property settlement matter forthwith and destroy the Law Practice B letter of legal advice to the husband and any copies made of it.

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

Back to Search