Vasik and Vasik

In *Vasik and Vasik*, the husband applied to the Family Court of Australia for an order restraining the wife's solicitors, and any counsel briefed by them, from continuing to act in the proceedings. The dispute arose in the context of ongoing financial and children's issues proceedings between the parties. The husband contended that the wife's solicitors had previously acted for both him and the wife, and a company in which they were directors and shareholders, in relation to a commercial partnership dispute.

The primary legal issue before the Court was whether the wife's solicitors should be restrained from acting for her in the current family law proceedings, given their prior joint representation of both parties in a related commercial matter. This involved determining the applicable legal test for disqualification of a legal practitioner in such circumstances and assessing whether the facts of the case met that test. The Court also considered, and ultimately dismissed, applications for the judge's disqualification based on allegations of bias.

Applying the principles established in *McMillan* and *Griffis*, the Court held that the test for restraining a solicitor from acting is that the former client need only demonstrate that they imparted confidential information to the practitioner and that there is at least a theoretical possibility that this information could be used against them. The Court found that the solicitor had acted for both the husband and wife in a commercial dispute that was directly relevant to the matrimonial settlement. The husband deposed to having provided confidential details about his business, finances, and structure to the solicitor on a solicitor-client basis. The Court accepted that the husband had acted promptly and that the commercial dispute had not been resolved, meaning the information imparted could potentially be used to his disadvantage in the current proceedings.

The Court ordered that the wife's solicitors, and any counsel briefed by them, be restrained from acting or continuing to act on her behalf in the Family Court proceedings. The husband's main application was dismissed, and directions were made regarding the filing of submissions on costs. The Court also directed that an affidavit sworn by the wife's solicitor, which contained extensive file material, not be filed but be retained in a sealed envelope on the Court file.