A solicitor's duty of loyalty to a former client does not prevent the solicitor from continuing to act for a current client where the matters are not the same or closely related, and the former client was fully informed of the conflict. An implied retainer may arise from a solicitor's conduct in performing substantial work for a party, opening a client file, and billing separately, even where no express retainer exists. The Brickenden principle against speculation does not reverse the onus of proof on causation; the plaintiff must still establish on the balance of probabilities that the breach caused the loss claimed. The divergence between Victorian and NSW/English law on the scope of post-retainer duty of loyalty remains unresolved.
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
1 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.