CUOCO & CUOCO

In the Family Court of Australia, the husband sought to review, out of time, consent orders made by the Registrar concerning property settlement. The wife had applied to restrain the husband's solicitor from acting for him, alleging a conflict of interest. The solicitor had previously acted for both parties during the marriage in conveyancing matters.

The court was required to determine two principal issues: firstly, whether to grant the husband leave to review the Registrar's decision out of time, and secondly, whether the husband's solicitor was disqualified from acting for him due to a conflict of interest.

Rees J granted the husband leave to review the Registrar's decision out of time, noting that significant issues were raised by the husband and that the wife did not oppose this aspect of the application. Regarding the conflict of interest, the court found that no confidential information had been passed by the wife to the solicitor that was relevant to the current proceedings. Consequently, the wife's application to restrain the husband's solicitor was dismissed.

The Registrar's property settlement orders were set aside, and directions were made for the filing of applications and financial statements by both parties, with the matter to be listed for further directions before the Registrar.