Ethics Ruling Number
R5029
Area of Law
Family
Category
Conflict of Interest
Ethics Ruling Date
21/11/2024
Ethics Pub Date
18/09/2025
Ethics Background
A Law Practice acts for the husband in Family Law Proceedings and has previously acted for both the husband and wife in two Supreme Court proceedings where the parties’ self-managed superannuation fund sought recovery of a debt. The opposing solicitor has alleged a conflict of interest.
Ruling
In the opinion of the Ethics Committee and on the information presented: 1. The Law Practice is not conflicted in continuing to act for the husband in the current Family Law proceedings on the basis that there is no real and sensible possibility of the misuse of confidential information of its previous client. 2. There is no breach of the equitable duty of loyalty owed by the law practice to their former client. 3. The administration of justice does not require the law practice to cease acting.

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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