Gillam & Gillam

Case [2017] FCCA 64


FEDERAL CIRCUIT COURT OF AUSTRALIA

GILLAM & GILLAM [2017] FCCA 64
Catchwords:
FAMILY LAW – Legal practitioners – conflict of interest – grounds to restrain solicitor from acting against former client – inherent jurisdiction or implied power of court to supervise and control the conduct of legal practitioners as officers of the court – danger of misuse of confidential information – continuing duty of loyalty – relevance of "getting to know you" factors – conclusion that wife's solicitor should no longer act for her in current proceedings.

Legislation:

Family Law Act 1975 (Cth), s.106A

Powers of Attorney Act 1998 (Qld), s. 87

Osferatu & Osferatu (2015) FamCAFC 177
Kallinicos v Hunt (2005) NSWSC 1181
Smith & Glegg (2004) QSC 443
Thevenaz & Thevenaz (1986) FLC 91-748
McMillan & McMillan [2000] FamCA 1046
Magro & Magro (1989) FLC 92-005
Karapataki & Karapataki [2011] FMCAFam 6
Manner & Manner (2012) FamCAFC 6
L & L (2003) FamCA 777
Applicant: MS GILLAM
Respondent: MR GILLAM
File Number: TVC 705 of 2016
Judgment of: Judge Coker
Hearing date: 30 November 2016
Date of Last Submission: 30 November 2016
Delivered at: Townsville
Delivered on: 19 January 2017

REPRESENTATION

Counsel for the Applicant: Mr Page QC
Solicitors for the Applicant: The Brad Robins Legal Centre
Counsel for the Respondent: Mr Collins
Solicitors for the Respondent: McDonald Leong Lawyers

ORDERS

  1. That the Applicant Wife be restrained and an injunction issue restraining the Applicant Wife from providing any further instructions to The Brad Robins Legal Centre, Mr Bradley Mark Robins or any other partner, associate or employee of The Brad Robins Legal Centre to act on her behalf in relation to Family Law proceedings number TVC705/2016.

  2. That within fourteen (14) days of the date of these orders, the Applicant Wife:

    (a)File a Notice of Address for Service advising the Court and the Respondent as to her updated Address for Service; and

  3. That the legal representatives for the husband file and serve written submissions within 14 days of the date of this order in relation to the issue of costs to be claimed and the amount of costs as may be claimed by them.

  4. That the legal representatives then on the record for the wife within 28 days of the date of this order file any written submissions in relation to the question of costs as may arise in relation to the proceedings.

  5. That unless otherwise requested in writing, the determination of the issue of costs be dealt with in chambers

  6. That the substantive application be otherwise be listed for mention at 10.00am on 28 February 2017.

IT IS NOTED that publication of this judgment under the pseudonym Gillam & Gillam is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT TOWNSVILLE

TVC 705 of 2016

MS GILLAM

Applicant

And

MR GILLAM

Respondent

REASONS FOR JUDGMENT

INTRODUCTION:

  1. On 18 July 2016 Ms Gillam, whom I shall refer to as the wife, filed an application in this Court seeking orders with…

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Details
AGLC
Gillam and Gillam [2017] FCCA 64
Case
[2017] FCCA 64
Decision Date

CaseChat Overview and Summary

In the matter of *Gillam & Gillam*, heard before Judge Coker, the applicant wife sought to restrain her legal representatives, The Brad Robins Legal Centre, Mr Bradley Mark Robins, and associated individuals, from acting on her behalf in family law proceedings numbered TVC705/2016. The dispute centred on the wife's instructions to her legal team and the court's power to intervene in that solicitor-client relationship.

The primary legal issue before the court was whether it possessed the authority to grant an injunction restraining a legal practitioner from acting for a client in ongoing family law proceedings. This involved considering the nature of the solicitor-client relationship and the circumstances under which such a relationship could be terminated by court order at the behest of one of the parties.

Judge Coker reasoned that the court had the power to make orders concerning the conduct of legal practitioners in proceedings before it, particularly where there was a clear and demonstrable need to do so. The court found that it was appropriate to grant an injunction restraining the wife from providing further instructions to her current legal representatives. The court also made orders regarding the wife's address for service, and directed that written submissions be filed by both parties concerning the issue of costs, with the determination of costs to be dealt with in chambers unless otherwise requested. The substantive application was listed for mention at a later date.

Orders

Orders of the court

1.

That the Applicant Wife be restrained and an injunction issue restraining the Applicant Wife from providing any further instructions to The Brad Robins Legal Centre, Mr Bradley Mark Robins or any other partner, associate or employee of The Brad Robins Legal Centre to act on her behalf in relation to Family Law proceedings number TVC705/2016.

2.

That within fourteen (14) days of the date of these orders, the Applicant Wife:

(a) File a Notice of Address for Service advising the Court and the Respondent as to her updated Address for Service; and

3.

That the legal representatives for the husband file and serve written submissions within 14 days of the date of this order in relation to the issue of costs to be claimed and the amount of costs as may be claimed by them.

4.

That the legal representatives then on the record for the wife within 28 days of the date of this order file any written submissions in relation to the question of costs as may arise in relation to the proceedings.

5.

That unless otherwise requested in writing, the determination of the issue of costs be dealt with in chambers

6.

That the substantive application be otherwise be listed for mention at 10.00am on 28 February 2017.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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