Clayton & Clayton

In Clayton & Clayton, the applicant, Ms Clayton, sought an order restraining the respondent’s solicitors, KK Lawyers, from acting for the respondent, Mr Clayton, in their ongoing family law proceedings. The case arose from an inadvertent disclosure by Mr Clayton of confidential and privileged communications between Ms Clayton and her solicitors to the respondent's solicitors. The respondent’s solicitors failed to disclose this inadvertent disclosure to Ms Clayton's solicitors, and also did not comply with Rule 31 of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW).

The court was required to determine whether the respondent's solicitors' failure to disclose the inadvertent disclosure and their non-compliance with Rule 31 justified restraining them from acting in the matter. The court found that the respondent’s solicitors' failure to disclose the inadvertent disclosure and their non-compliance with Rule 31 had significantly undermined Ms Clayton's confidence in their representation. The court emphasised that the administration of justice would be impeded if the respondent’s solicitors continued to act, as it would undermine trust and make negotiations difficult. Consequently, the court granted the application and restrained KK Lawyers from acting for Mr Clayton.

In reaching its decision, the court highlighted the importance of adherence to professional conduct rules and the necessity of maintaining trust and confidence in legal proceedings. The court emphasised that the actions of the respondent's solicitors, rather than those of Mr Clayton, were critical in this decision. The court concluded that a fair-minded, reasonably informed person would find it appropriate to restrain the respondent's solicitors from acting in the matter.