Dalton & Dalton

In the matter of Dalton & Dalton, the husband appealed against the decision of the Family Court to dismiss his application to restrain the wife’s solicitors from acting in the case. The wife’s solicitors had previously acted for the husband, and he was concerned about the potential for disclosure of confidential information. The appeal was heard in the Federal Court of Australia.

The central issue before the court was whether an undertaking provided by the wife’s solicitors to create an effective information barrier was sufficient to allay the husband’s concerns. The court also had to consider whether the husband had waived his right to object to the wife’s solicitors acting by not raising the issue in a timely manner.

The court found that the undertaking provided by the wife’s solicitors was sufficient to create an effective information barrier, and that the husband had impliedly waived his right to object by not raising the issue in a timely manner. The court held that there was no substantial injustice to the husband in allowing the wife’s solicitors to act, and dismissed the appeal. The court also ordered the husband to pay the wife’s costs of and incidental to the appeal.

The court granted leave to appeal on the basis that there was sufficient doubt about the trial reasons to justify consideration and that, supposing the decision to be wrong, the husband would suffer substantial injustice. The court held that the proposed appeal raised matters of considerable importance and should be heard. The final orders of the court were that the husband’s application for leave to appeal be granted, the appeal be dismissed, and that the husband pay the wife’s costs of and incidental to this appeal within 28 days of agreement as to quantum, or of assessment if no agreement was reached.