FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Chontoglou & Chontoglou (No 2) [2024] FedCFamC1F 775
File number(s): DNC 98 of 2023 Judgment of: KARI J Date of judgment: 14 November 2024 Catchwords: FAMILY LAW – LEGAL PRACTITIONERS – Where the wife makes an application to restrain the husband’s lawyers from acting for him – Where the trial in the matter is part-heard – Where the cross examination of the parties has concluded – Where the issue of conflict had been raised prior to trial commencing – Where the husband’s solicitors resumed acting following the conclusion of the first tranche of the trial – Where there is insufficient basis to deny the husband the legal representation of his choice – Where it is not concluded that a fair minded reasonably informed member of the public might conclude that the integrity of the judicial process will be impacted by the husband’s solicitor continuing to act Legislation: Family Law Act 1975 (Cth) s 79 Cases cited: Charisteas & Charisteas (2022) FLC 94-109
Division: Division 1 First Instance Number of paragraphs: 55 Date of hearing: 13 November 2024 Place: Adelaide via Webex Counsel for the Applicant: Ms Fraser Solicitor for the Applicant: AFL Withnalls Lawyers Counsel for the Respondent: Mr Polley Solicitor for the Respondent: EV Law ORDERS
DNC 98 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MR CHONTOGLOU
Applicant
AND: MS CHONTOGLOU
Respondent
ORDER MADE BY:
KARI J
DATE OF ORDER:
14 NOVEMBER 2024
THE COURT ORDERS THAT:
1.That paragraph 2 of the Response to an Application in a Proceeding filed by the wife on 6 November 2024 be dismissed.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Chontoglou & Chontoglou has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
KARI J:
INTRODUCTION
These reasons relate to an application made by the wife in which she seeks to restrain the husband’s current solicitor and the firm of solicitors from acting for him in proceedings before the Court.
For the reasons that follow that application is to be dismissed.
THE APPLICATIONS BEFORE THE COURT
On 6 November 2024 the wife filed a Response to an Application in…
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- Case
- [2024] FedCFamC1F 775
- Decision Date
CaseChat Overview and Summary
The court was tasked with deciding whether the husband's solicitors could continue to act for him, given the wife's application and the fact that the issue of conflict had been raised previously. The court examined the submissions made by counsel for both parties and assessed whether the husband's solicitors' continued representation would compromise the integrity of the judicial process. The court considered the wife's arguments and the lack of evidence to support a finding of actual or perceived bias.
The court found that there was no sufficient basis to deny the husband the legal representation of his choice. It was not concluded that a fair-minded, reasonably informed member of the public might conclude that the integrity of the judicial process would be impacted by the husband’s solicitor continuing to act. Consequently, the application by the wife was dismissed.
The court ordered that the paragraph 2 of the Response to an Application in a Proceeding filed by the wife on 6 November 2024 be dismissed. This decision was subject to the entry in the Court’s records and could be subject to review or variation as per the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Orders
Orders of the court
DNC 98 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MR CHONTOGLOU
Applicant
AND:
MS CHONTOGLOU
Respondent
ORDER MADE BY:
KARI J
DATE OF ORDER:
14 NOVEMBER 2024
THE COURT ORDERS THAT:
1. That paragraph 2 of the Response to an Application in a Proceeding filed by the wife on 6 November 2024 be dismissed.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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