Ethics Ruling Number
R5057
Area of Law
Commercial
Category
Conflict of Interest
Ethics Ruling Date
9/17/2026
Ethics Pub Date
10/2/2026
Ethics Background
A law practice has in incoming migratory lawyer. The law practice has previously acted for two companies controlled by A. After the law practice ceased acting for the companies controlled by A, they went into liquidation. The liquidator also brought proceedings against a company controlled by B, who is the brother of A. The incoming migratory lawyer acted for B in the matter against the liquidator. The law practice seeks to implement effective information barriers to protect the confidential information of the former client, which include access control to files and undertakings given by the partners of the firm.
Ruling
In the opinion of the ethics committee and on the information presented: 1. The law practice is to be commended for taking prompt steps in advance of a conflict to protect the client confidential information of a former client of the firm being several companies now in liquidation; 2. The Ethics Committee is satisfied that the internal administrative steps taken by the law practice to protect former client confidential information are effective subject to: a. A corresponding undertaking being given by the incoming lawyer not to request or seek any information relating to the former clients; and b. Paragraph 1 of the partner’s undertaking being extended to prohibiting disclosure to any other member or employee of the law practice.

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