Klearchos and Klearchos and Ors

In *Klearchos and Klearchos and Ors*, Johnston J of the Family Court of Australia considered an application by the husband to disqualify the wife's legal representatives. The dispute arose within substantive family law proceedings, with the husband seeking to disqualify the wife's solicitors and counsel on the grounds of alleged conflict of interest.

The primary legal issue before the court was whether the wife's legal representatives had a conflict of interest that warranted their disqualification from acting in the proceedings. This involved an examination of the nature of the alleged conflict and its potential impact on the proper conduct of the litigation and the administration of justice.

Johnston J dismissed the husband's application for disqualification. The court found that the grounds relied upon by the husband did not establish a sufficient conflict of interest to justify the extreme measure of disqualifying the wife's legal team. Consequently, the nine days allocated for the hearing of the substantive proceedings were vacated, and the husband's application for a stay of previous orders was noted as not being pressed. The wife's contravention application was adjourned for mention.