Ethics Ruling Number
R5045
Area of Law
Litigation
Category
Solicitor as witness
Ethics Ruling Date
9/18/2025
Ethics Pub Date
11/28/2025
Ethics Background
Solicitor A is the owner of a property. In 2017, the solicitor was appointed to the Committee of the Owners’ Corporation (“OC”). The OC is now the defendant in Supreme Court proceedings brought by a company which manages its facilities. Subsequent to the issuing of the proceedings and the resignation of the solicitor from the OC Committee, the OC engaged the law practice of which the solicitor is a Principal to represent it. The solicitor was present at the OC meeting in which the resolution which became the subject of dispute in the Supreme Court proceedings was made. The OC was represented by another law practice at the time. The opposing solicitor believes the solicitor faces a conflict of interest based on their personal interest as a lot owner, and because the opposing solicitor contends they will likely call the solicitor as a material witness.
Ruling
In the opinion of the Ethics Committee and on the information presented: 1. The solicitor may continue to act for their client until such time as it becomes apparent that they will be required to give material evidence in relation to a contested issue. At this stage, it is not apparent that the solicitor will be required to give evidence in relation to a contested issue. 2. If it becomes apparent that the solicitor will be called to give material evidence in the Supreme Court proceedings regarding a contested issue, then the solicitor and their firm must cease acting. The solicitor should forewarn their client of this possibility. 3. Provided the solicitor’s personal interest in the proceedings is disclosed to this client, there is no conflict of interest in continuing to act for the client.

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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