Fowler and Liddle & Anor

In *Fowler and Liddle & Anor*, heard before Collier J, the applicant, Mr Fowler, sought an injunction to restrain the respondent, Ms Liddle's solicitor and his firm, from acting for Ms Liddle in substantive family law proceedings. The solicitor had previously acted for Mr Fowler in a range of matters, including criminal proceedings, child support and property proceedings related to Mr Fowler's previous marriage, and conveyancing matters.

The central legal issue before the court was whether the solicitor's prior representation of Mr Fowler created a conflict of interest that warranted restraining the solicitor and his firm from acting for Ms Liddle in the current proceedings. The court was also required to consider the impact of any delay by Mr Fowler in raising this objection.

Collier J reasoned that the solicitor's extensive prior involvement with Mr Fowler, encompassing matters that were closely related to the current family law dispute, created a real risk of a conflict of interest and a breach of the duty of confidentiality. The court determined that the delay in raising the issue did not preclude the grant of relief, as the potential for prejudice to Mr Fowler remained significant. Applying established principles regarding solicitor conflicts, the court found that the circumstances justified the grant of an injunction.

Consequently, the court ordered that the solicitor and his firm be restrained from continuing to act for Ms Liddle in the proceedings between her and Mr Fowler. In relation to costs, after balancing the relevant considerations under section 117(2A) of the *Family Law Act 1975* (Cth), the court made no order as to costs.