Garlick v Kerbaj (No 2)

The second Garlick v Kerbaj matter came before the Supreme Court of Victoria, where the plaintiff sought to restrain the defendant and his law firm from acting in proceedings involving the plaintiff's former wife, as well as to restrain the defendant from acting as a witness in any capacity in relation to the proceedings. The plaintiff argued that the defendant's involvement would lead to a conflict of interest and would be against the interests of justice. The case raised issues concerning the inherent jurisdiction of the court to restrain solicitors and the test to be applied in such situations, particularly where there is a potential conflict of interest or a likelihood that the solicitor may be a material witness.

The court considered whether there was a conflict of interest between the defendant's clients and the plaintiff, and whether the defendant's personal interest in the proceedings would compromise the interests of justice. The court also examined the relevant statutory and rule-based obligations, including the overarching obligations under the Civil Procedure Act 2010 (Vic) and the Solicitors Conduct Rules. The court found that the defendant was likely to be a material witness and that his involvement as a solicitor and potential witness would create a conflict of interest. The court concluded that the interests of justice required the defendant and his firm to be restrained from acting in the proceedings.

The Supreme Court of Victoria ruled in favour of the plaintiff, restraining the defendant and his firm from acting in the proceedings and from acting as a witness. The court found that the defendant's involvement would create a conflict of interest and compromise the interests of justice. The court also found that the defendant's actions constituted a breach of the overarching obligations under the Civil Procedure Act 2010 (Vic) and the Solicitors Conduct Rules. The restraining order was deemed necessary to prevent an abuse of the court's process and to maintain the integrity of the legal system.