Hanna v National Library of Australia

[2004] ACTSC 75

Supreme Court of the ACT

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Legal Practitioners
2. › Conflict of interest
3. › Former client
4. › Application to restrain solicitors from acting
5. › Solicitor who previously acted for opposing party joins firm
6. › Whether real risk of disclosure of confidential information
7. › Whether Chinese walls sufficient
8. › Whether duty of loyalty to former client independently justifies restraint
1. Equity
2. › Confidential information
3. › Solicitor and client
4. › Duty to preserve confidentiality after termination of retainer
5. › Whether court should intervene to protect confidential information
6. › Test for intervention — whether real risk of disclosure
1. Practice and Procedure
2. › Solicitors
3. › Officers of the court
4. › Inherent jurisdiction to control conduct of solicitors
5. › Whether broader duty of loyalty beyond confidential information protection

Quick Take

The primary basis for restraining a solicitor's firm from acting against a former client remains the protection of confidential information under the Prince Jefri Bolkiah test. However, in exceptional cases, a broader duty of loyalty may independently justify restraint where the solicitor-client relationship had qualities beyond the mere reposal of confidential information. Where only one individual in a firm possesses confidential information and undertakings are given, the full Chinese wall requirements from Prince Jefri Bolkiah may not be necessary.