Sent and Primelife Corporation Ltd v John Fairfax Publication

[2002] VSC 429

Supreme Court of Victoria

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Legal Profession
2. › Barristers
3. › Duty of confidence to former client
4. › Application to restrain continued retainer of counsel by party opposed to former client
5. › Whether real and sensible possibility of misuse of confidential information
6. › Whether recollection may revive despite present lack of recall
1. Legal Profession
2. › Barristers
3. › Duty of loyalty to former client
4. › Whether independent equitable duty of loyalty extends to barristers
5. › Whether proceeding closely related to matter on which counsel previously advised
1. Practice and Procedure
2. › Inherent jurisdiction of court
3. › Control of counsel
4. › Application to prevent counsel appearing for party
5. › Whether fair-minded reasonably informed member of public would conclude proper administration of justice requires counsel be prevented from acting
1. Evidence
2. › Interlocutory applications
3. › Evidence on information and belief
4. › Weight to be given to hearsay evidence where cross-examination would destroy the confidence sought to be protected

Quick Take

A court may restrain a barrister's continued retainer by a party opposed to a former client even where the barrister has no present recollection of the prior consultation, if there is a real and sensible possibility that recollection may revive or that confidential information may be used subconsciously. The degree of precision required in describing confidential information may be relaxed where greater precision would destroy the confidence sought to be protected. The court expressed obiter support for the proposition that the independent equitable duty of loyalty identified in Spincode extends to barristers as well as solicitors.