Bateman and Bateman

In *Bateman and Bateman*, heard by Cleary J, the dispute concerned an application to restrain a firm of solicitors, B Lawyers, and specifically Mr B, from acting for the Applicant Husband in family law proceedings. The application was brought by the Respondent Wife.

The central legal issue before the court was whether Mr B, having previously acted for the Respondent Wife in relation to the same subject matter, should be restrained from acting for the Applicant Husband due to a conflict of interest. This involved considering the principles of solicitor's duty of confidentiality and the avoidance of a real or apprehended conflict of interest.

Cleary J reasoned that a solicitor owes a continuing duty of confidentiality to a former client, even after the retainer has ended. This duty extends to information obtained during the course of the retainer that is confidential and was imparted by or on behalf of the client. The court found that there was a real risk that confidential information previously obtained by Mr B whilst acting for the Wife could be used to her detriment in the current proceedings, thereby creating an apprehended conflict of interest. The court applied the principles established in cases concerning solicitor conflicts, emphasizing the importance of maintaining public confidence in the legal profession and ensuring fairness to clients.

Consequently, the court ordered that B Lawyers, and any firm of solicitors in which Mr B is employed, be restrained from acting on behalf of the Applicant Husband in these proceedings. The Amended Application in a Case and the Response to an Application were listed for further hearing.