Greco & Greco

In the matter of *Greco & Greco*, Collier J of the Family Court of Australia considered an application by the wife seeking to restrain the husband's solicitor, Mr Thomas Reeve of Marsdens Law Group, from continuing to represent the husband in family law proceedings. The wife also sought to restrain the husband from instructing Mr Reeve or any solicitor from Marsdens Law Group.

The central legal issue before the court was whether there was a conflict of interest that warranted the disqualification of the husband's legal representation. This involved an assessment of whether the solicitor's continued representation of the husband would be likely to prejudice the wife or bring the administration of justice into disrepute, particularly in light of the solicitor's prior involvement with the wife.

Collier J applied the principles established in cases such as *McMillan*, *Thevanaz*, *Magro*, *Gagliano*, *Griffiths*, and *Kossatz*, which deal with conflicts of interest and the disqualification of legal practitioners in family law proceedings. The court found that the solicitor's prior professional relationship with the wife, which involved the handling of confidential information relevant to the present proceedings, created a situation where the husband's continued representation by that solicitor would be likely to prejudice the wife. Consequently, the court determined that it was necessary to disqualify the solicitor and the firm from acting for the husband to maintain the integrity of the legal process and prevent any potential unfairness.

The court ordered that Mr Thomas Reeve and Marsdens Law Group be restrained from representing the husband, and that the husband be restrained from instructing them in these proceedings. The matter was adjourned to allow the husband to obtain new legal representation, and the wife's application for costs was also stood over for further consideration.