MILLHOUSE & MULLENS

In the Family Court of Australia, the wife sought an order restraining the husband from continuing to instruct his solicitor and the solicitor's firm to represent him in the proceedings, alleging a conflict of interest. The wife also sought other interim relief, including injunctive orders, disclosure, spousal maintenance, and interim litigation costs funding.

The primary legal issue before Forrest J was whether the husband's legal representation constituted a conflict of interest that warranted his disqualification from the proceedings. A secondary issue was the appropriate procedural approach to the wife's other interim applications, given the pendency of the conflict of interest application.

Forrest J dismissed the wife's application to restrain the husband's legal representation. The court reasoned that it was inappropriate to consider the wife's other interim applications for injunctive relief, disclosure, spousal maintenance, and interim costs funding before the application to disqualify the husband's solicitors had been determined. The balance of the wife's application for interim orders was adjourned for a separate hearing.