Hemingway v Kennedy

[2026] VSC 51

Supreme Court of Victoria

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Solicitors
3. › Court's inherent jurisdiction to restrain solicitors from acting
4. › Single firm representing co-defendants
5. › Whether joint representation poses real and immediate risk to integrity of judicial process
6. › Conspiracy allegations between co-defendants
7. › Quasi-criminal allegations
8. › Mother-daughter relationship with allegations of undue influence
9. › Risk to integrity of evidence
1. Practice and Procedure
2. › Solicitors
3. › Court's inherent jurisdiction to restrain solicitors from acting
4. › Delay in bringing application
5. › Whether delay disentitles applicant from relief

Quick Take

Where civil proceedings involve quasi-criminal allegations of conspiracy between co-defendants in a familial relationship with allegations of undue influence, joint representation by a single firm poses a real risk to the integrity of the judicial process sufficient to warrant restraining the firm from acting for both defendants, even where the allegedly influenced party is now an adult.

Case Details

Citation[2026] VSC 51

CourtVSC

JurisdictionVictoria

Unlock so much more with Barrister AI

The full text is available to signed-in members.

Relies on6

2019Davey v Silverstein & orsVSC 302
2019Miller v MartinVSCA 86
2017R v PhamQCA 43
2005Kallinicos and anor v Hunt and orsNSWSC 1181
and 2 more after sign-in

Create free account

Already have an account? Sign in