Perrell and Richter

In *Perrell and Richter*, Johnston J of the Supreme Court of Western Australia was required to determine an application for an order restraining legal practitioners from acting for a party in family law proceedings. The application was brought by the wife, seeking to prevent the husband's solicitors, A and Z Firm, from continuing their representation.

The central legal issue before the Court was whether the continued representation of the husband by A and Z Firm would give rise to a conflict of interest, thereby justifying the imposition of a disqualifying order. This required the Court to consider the principles governing conflicts of interest in legal practice, particularly in the context of ongoing litigation and the duty of confidentiality owed to former clients.

Johnston J applied the established principles concerning conflicts of interest, focusing on whether there was a real, sensible possibility of a breach of confidence or a compromise of the solicitor's duty to the current client. The Court considered the nature of the prior retainer and the information that may have been obtained, weighing this against the current instructions and the potential for misuse of that information. The Court found that the circumstances warranted the disqualification of the legal practitioners.

Consequently, Johnston J ordered that Mr A and Z Firm be restrained from further acting for the husband in the proceedings.