Gillam & Gillam

Case

[2017] FCCA 64

19 January 2017


Details
AGLC Case Decision Date
Gillam and Gillam [2017] FCCA 64 [2017] FCCA 64 19 January 2017

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.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Procedural Fairness

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Most Recent Citation
Birch v Birch [2020] QCA 31

Cases Citing This Decision

5

Petrone and Petrone [2019] FCCA 2622
PICKARD & INGLE [2019] FCCA 2125
McKay and Forrest [2018] FCCA 2287
Cases Cited

3

Statutory Material Cited

3

Kallinicos v Hunt [2005] NSWSC 1181
McMillan & McMillan [2000] FamCA 1046
Karapataki & Karapataki [2011] FMCAfam 6
Cited Sections