Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
LEGAL PRACTITIONERS – Solicitors – equitable lien – interpleader – whether solicitors entitled to be paid out of fruits of litigation when proceedings settled – nature and characteristics of rights of solicitors – assistance of court to enforce such rights – priorities as between such rights and equitable assignment of proceeds of litigation – conflict with orders of Family Court – negligence of solicitor.
Federal Court Rules, O 44 Legal Practice Act 1996 (Vic), s 115(2)
Ex parte Patience; Makinson v The Minister (1940) 40 SR(NSW) 96 applied Worrell v Power (1993) 118 ALR 237 applied Barker v St Quintin (1844) 12 M & W 441; 152 ER 1270 referred to Mercer v Graves (1872) LR 7 QB 499 referred to Kison v Papasian (1994) 61 SASR (1993) 567 referred to Akki Pty Ltd v Martin Hall Pty Ltd (1994) 35 NSWLR 470 referred to Twigg v Keady (1996) 135 FLR 257 referred to Philippa Power & Associates v Primrose Couper Cronin Rudkin [1997] 2 Qd R 266 referred to Re H & W Wallace Ltd (In Liquidation) [1994] 1 NZLR 235 referred to Roam Australia Pty Ltd v Telstra Corporation Ltd (unreported, Federal Court, Lehane J, 22 September 1997) applied Doyles Construction Lawyers v Harsands Pty Ltd (unreported, Supreme Court of New South Wales, McLelland CJ in Eq, 24 December 1996) considered Barratt v Gough-Thomas [1951] Ch 242 referred to Shaw v Neale (1858) 6 HLC 581 referred to Re Born [1900] 2 Ch 433 referred to Dallow v Garrold (1884) 14 QBD 543 referred to The Paris [1896] P 77 referred to Holroyd v Marshall (1862) 10 HLC 191, 11 ER 999 referred to Norman v Federal Commissioner of Taxation (1963) 109 CLR 9 referred to In re Universal Distributing Company Ltd (In Liquidation) (1933) 48 CLR 171 referred to Moodemere Pty Ltd (in liq) v Waters & Anor [1988] VR 215 referred to Ascot Investments Pty Ltd v Harper & Anor (1981) 148 CLR 337 referred to Rowell & Rowell; Deputy Commissioner of Taxation (Intervenor) (1989) FLC 92-026 referred to
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