Flanagan v Pioneer Permanent Building Society Ltd & Anor

[2002] QSC 346

Supreme Court of Queensland

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For Australian Law.

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Interrogate

Catchwords

1. Legal Profession
2. › Solicitors
3. › Conflict of interest
4. › Acting against former client
5. › Whether real risk of misuse of confidential information
6. › Whether injunction should be granted to restrain solicitor from acting
1. Equity
2. › Injunctions
3. › Interlocutory injunctions
4. › Restraining solicitors from acting against former clients
5. › Onus on applicant to demonstrate real risk of impermissible prejudice
1. Practice and Procedure
2. › Injunctions
3. › Credit database entries
4. › Whether injunction should issue where alternative remedy available from credit bureau

Quick Take

In Queensland, the test for restraining a solicitor from acting against a former client requires demonstration of a real (not fanciful) risk of misuse of confidential information, following [name withheld] v KPMG. The broader Victorian approach based on fiduciary duty of loyalty (Spincode v Look Software) does not represent the law in Queensland. The onus lies on the applicant to establish the real risk of impermissible prejudice.