VIC Conflict of interest

[Ashe81]

Is it a conflict of interest for the applicant father to have the law firm of his father/children’s grandfather represent him in a family law case?

Does the law firm have the duty of full and frank disclosure to the court to disclose the grandfathers knowledge of past family violence orders and associated issues, if the father is omitting this?

 

[Atticus]

With regards to family violence orders... There is a requirement to disclose any current FVO in an application. Don't believe its the same requirement to disclose historical FVO's... It's a matter of relevance to current circumstances.

 

[Rod]

Is it a conflict of interest for the applicant father to have the law firm of his father/children’s grandfather represent him in a family law case?

Only if they represented you in the past.

Does the law firm have the duty of full and frank disclosure to the court to disclose the grandfathers knowledge of past family violence orders and associated issues, if the father is omitting this?

The obligation is the owed by the OP, not the law firm. Having said that, the law firm should ensure F&F disclosure is complete as they know it. It would be misleading for a law firm not to include a relevant matter they know about.

The likely issue, as @Atticus mentions, is whether the material is relevant to whatever is happening in court. For instance, FVIO matters are most times not relevant to a property dispute.

And having a person change lawyers due to a conflict can be a two edged sword - the OP may end up with better lawyers.

 

[Ashe81]

Thank you all for your replies.

My legal representation is firm on their belief there is a conflict of interest and are encouraging me to push it, the fathers representation is saying there’s not and have became quite hostile and aggressive in their approach.
I am worried my three kids will be overlooked as first priority if I push for a conflict of interest amd become involved in a battle of lawyers.

The latest FVO has expired oct 2019 but that full order is what ceased the fathers contact with the children now aged 8, 12, 14. In 2020 his lawyer and I agreed weekly FaceTime visitation would commence but moving forward to physical contact it would be supervised visitation at a contact centre, but covid delayed this until March this year, as contact centres were closed.
In December the father filed with the federal circuit court claiming I was withholding the children for no reason and that the children had never been listed on a FVO.
He has submitted 3 affidavits all of which have different claims and some the complete opposite of what was said in the one before. He is now resorting to outright lies in the latest one and using my brothers criminal history
Some I can prove a lie and some I can’t.

Am I better off getting my legal rep to focus on proving perjury rather than a conflict of interest?

Thank you in advance for any further assistance.

 

[Rod]

Perjury in Family Law matters happens

You are paying for representation and should follow their advice. I don't like to second guess lawyers who have the benefit of facts not available to me.

I agree a battle of lawyers can detract from the issues in dispute, but if the OP's lawyers have information about you they obtain in confidence that can be used to your detriment, then maybe the battle is worth it.

 

[CSFLW]

Hi Ashe

If your lawyers are confident that there is a conflict of interest, without the risk of detracting from issues in dispute, they can ask the ethics department of the LIV to assess the situation and make a ruling.

Nevertheless, without the facts it is hard to give you proper advice.

I hope that helps.