Federal Court of Australia
; JUDGMENT No. LL ZZ oat L225.
TCHWORDS
PRACTICE and PROCEDURE - Applicant and cross respondent retain the same firm of solicitors - whether leave required - whether
interests are the same
LAWYERS - conflict of interest if representing. more than one party in same litigation - whether question for the Court
Corporations Law s 592(1) Federal Court Rules 045 r2
Blackwell v Barroile Pty Ltd & Ors [1994] 51 FCR 347
Re Burton, Danby v Burton [1901] WN 202 Nangus Pty Ltd v Charles Donovan Pty Ltd [1989] VR 184
ULF CONVEYOR SYSTEMS _P' LTD v_ A.C. WHALAN & CO PTY LTD & ORS No. G 751 of 1992
EINFELD J FEDERAL Co
SYDNEY OF AUSTRA rN
26 MAY 1995 21 JAN 2003
LIBRARY
IN THE FEDERAL COURT OF AUSTRALIA )
NEW _ SOUTH WALES DISTRICT REGISTRY )
GENERAL DIVISION
Between:
No. G 751 of 1992 )
GULF CONVEYOR SYSTEMS _P/T. ACN 002-795-342
First Applicant
GLADSTONE INDUSTRIAL
'SUPPLIES P/L .. ACN 003-771-168
Second Applicant
A.C. WHALAN CO _P/T, ACN 003-499-849 First Respondent
ROBERT CHARLES WHALAN Second Respondent
A.C. WHALAN & CO P/L ACN 003-499-849
First Cross—Applicant
ROBERT CHARLES WHALAN
Second Cross~Applicant
F NVEYOR SYSTE P/L First Cross—Respondent
GLADSTONE INDUSTRIAL SUPPLIES P/L
Second Cross—Respondent
COLIN BENJAMIN
Third Cross-Respondent
REASONS FOR JUDGMENT
EINFELD
SYDNEY 26 MAY 1995
In an interlocutory judgment in this matter on 25 November 1993
(the previous judgment), I set out in some detail and analysed
the complicated set of facts which underlie these proceedings.
There is no need to repeat them here. Since that time the legal
-2- representation of the applicants (Gulf and Gladstone) has merged with what was then the separate representation of the third cross respondent Colin William Benjamin (Benjamin), so that one set of lawyers is now representing both. By motion dated 8 November 1994 the respondents (the Whalan interests)-have. challenged the dual representation of these parties by the same lawyers, calling
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