Ethics Ruling Number
R5049
Area of Law
Family
Category
Conflict of Interest
Ethics Ruling Date
10/16/2025
Ethics Pub Date
11/28/2025
Ethics Background
Law Practice A acted for a husband and wife during the course of their marriage in both commercial matters and estate planning matters. The couple separated and the wife has engaged Law Practice A to act in the family law matter. Law Practice B allege that Law Practice A has a conflict of interest in acting for the wife.
Ruling
In the opinion of the Ethics Committee and on the information presented: 1. Given the history of Law Practice A acting for both parties and in relation to a commercial matter which may be the subject of dispute, Law Practice A has a conflict of interest in acting in this case against the previous client as it would be contrary to the interests of the administration of justice. 2. Law Practice A should cease to act for the wife and advise her to seek new legal representation.

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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