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Tag: Conflict of interest

Catlin & Catlin (No 3) [2026] FedCFamC1F 351

23/06/2026

During enforcement of family law property orders, a solicitor was referred to the South Australian Legal Profession Conduct Commissioner after helping his client arrange borrowings that breached court orders, well beyond the limit the court had permitted, while also acting for a separately represented party in the same transactions.
The Court made no findings of misconduct and referred the matter for investigation only, reinforcing that a family lawyer’s paramount duty to the court can be breached by facilitating a client’s non-compliance.

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Ogilvie & Farnam – Why Representing Your Partner Can Cost You the Case

15/08/2024

In Ogilvie & Farnam [2024] FedCFamC2F 793 the Court made Interlocutory Orders restraining the Husband from instructing a particular law firm to act for him in the proceedings before the Court, as his ‘intimate partner’, Ms P, was a partner of that firm. The Wife sought the injunction to cover the entire firm and not just Ms P. That legal practitioner had acted for the husband for some two years. It was not disclosed at what point she became the Husband’s ‘intimate partner’ however, the evidence was that the Wife only became aware of the relationship seven weeks prior to filing her Application in a Proceeding.

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Catlin & Catlin (No 3) [2026] FedCFamC1F 351

23/06/2026

During enforcement of family law property orders, a solicitor was referred to the South Australian Legal Profession Conduct Commissioner after helping his client arrange borrowings that breached court orders, well beyond the limit the court had permitted, while also acting for a separately represented party in the same transactions.
The Court made no findings of misconduct and referred the matter for investigation only, reinforcing that a family lawyer’s paramount duty to the court can be breached by facilitating a client’s non-compliance.

| Read More

Ogilvie & Farnam – Why Representing Your Partner Can Cost You the Case

15/08/2024

In Ogilvie & Farnam [2024] FedCFamC2F 793 the Court made Interlocutory Orders restraining the Husband from instructing a particular law firm to act for him in the proceedings before the Court, as his ‘intimate partner’, Ms P, was a partner of that firm. The Wife sought the injunction to cover the entire firm and not just Ms P. That legal practitioner had acted for the husband for some two years. It was not disclosed at what point she became the Husband’s ‘intimate partner’ however, the evidence was that the Wife only became aware of the relationship seven weeks prior to filing her Application in a Proceeding.

| Read More

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