The Bolkiah test applies in Victoria to applications to restrain solicitors, patent attorneys, and other professional service providers from acting against former clients. The court's jurisdiction is founded on the protection of confidential information, not on the avoidance of any perception of impropriety. The fiduciary relationship ceases on termination of the retainer; the only continuing duty is to preserve confidentiality. The 'administration of justice' factor does not per se justify an injunction except in the most exceptional cases. Where the confidential information held is not relevant to the new matter and could not be used adversely to the former client's interests, the injunction will be refused.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.