Huang v Wong

[2018] NSWCA 94

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Legal practitioners
3. › Application for order that opposing party's legal representatives withdraw
4. › Solicitors' Conduct Rule 12.1
5. › Barristers Conduct Rule 101(b)
6. › Whether rules directed to conflict between practitioner and opposing party or practitioner and own client
7. › Whether court's inherent jurisdiction to restrain practitioners from acting justified
1. Practice and Procedure
2. › Pro bono legal assistance
3. › Referral under UCPR 7.36
4. › Whether avenues of pro bono assistance exhausted
5. › Order terminating referral
6. › Uniform Civil Procedure Rules 2005 (NSW), r 7.36(1), sub r (4A)

Quick Take

Solicitors' Conduct Rule 12.1 and Barristers Conduct Rule 101(b) concern conflicts between a practitioner and their own client, not conflicts between a practitioner and an opposing party, and cannot be invoked by an opposing party to require withdrawal of legal representatives.