GOLIAS & NASSO

Case

[2015] FCCA 1069

30 April 2015


Details
AGLC Case Decision Date
GOLIAS & NASSO [2015] FCCA 1069 [2015] FCCA 1069 30 April 2015

CaseChat Overview and Summary

In the matter of *Golias & Nasso*, heard before Judge McGuire, the dispute concerned an application by the husband seeking to restrain the wife's solicitors, Berger Kordos Solicitors, from continuing to act on her behalf in the proceedings.

The central legal issue before the Court was whether Berger Kordos Solicitors should be restrained from acting for the wife, based on allegations of a conflict of interest.

Judge McGuire found that there was a sufficient conflict of interest to warrant the restraint. The Court applied the principles governing conflicts of interest in legal practice, which require a solicitor to avoid situations where their duty to one client may be in conflict with their duty to another, or where their personal interests could compromise their professional judgment. The Court determined that the circumstances presented a real, rather than a mere possibility, of a conflict.

Accordingly, the Court ordered that Berger Kordos Solicitors be restrained from continuing to act on the wife’s behalf in these proceedings.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

Actions
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Cases Citing This Decision

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Cases Cited

1

Statutory Material Cited

0

McMillan & McMillan [2000] FamCA 1046