Search conflicts before a Victorian injury file is opened
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In a firm-controlled tool, search the names the lawyer supplies against the firm's current and former clients and list possible matches. The tool does not decide whether a conflict exists, or whether consent or a barrier is available.
- What the lawyer must review
- Decide whether rule 10 or rule 11 applies, and whether consent or a barrier is available.
- Decide whether the file can be opened, and for whom.
- Do not put confidential client names into a public tool.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: conflict search before a plaintiff injury file is opened
Produce. A conflict-search list, with the lawyer's decision on whether the file can be opened and for whom.
Have ready. Names supplied by the lawyer; The firm's current-client and former-client records.
Example of the limit. Illustrative example: The enquirer names a driver. The search lists that the firm acted for that driver on an earlier matter. The lawyer decides whether rule 10 is engaged and whether the file can open.
Stop and hand it back when
- The tool would decide that consent or a barrier is available.
- The names would have to be searched in a public tool.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In a firm-controlled tool, search the names the lawyer supplies against the firm's current and former clients and list possible matches. The tool does not decide whether a conflict exists, or whether consent or a barrier is available. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Match each name the lawyer supplies against current clients and former clients, and keep the match as a list only.
- Leave informed consent and any information barrier for the lawyer. The list does not say that either is available.
- Do not open the file, and do not send anything to the enquirer, from this search.
- Keep the search in a firm-controlled tool. Confidential information does not go into a public tool.
Sources
- Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015, rule 10 (NSW consolidation) · 2026-10-23
- Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015, rule 11 (NSW consolidation) · 2026-10-23
- Supreme Court of Victoria Practice Note SC GEN 25 · 2026-10-23
Victoria applies the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015. The text opened is the New South Wales consolidation of those rules. Rule 10.2: a solicitor who holds confidential information of a former client must not act for another client where that information might reasonably be concluded to be material to the new matter and detrimental to the former client if disclosed, unless the former client has given informed consent to disclosure and use, or an effective information barrier has been established.
Rule 11.2: a solicitor must not act for two or more clients in the same or related matters where the clients' interests are adverse and there is a conflict or potential conflict of the duties to act in each client's best interests, except as rules 11.3 and 11.4 permit. Rule 11.3 requires each client to be aware of the other retainer and to give informed consent. Rule 11.4: material confidential information of one client must not be used for another unless each client's informed consent permits disclosure and use, or an effective information barrier is required and maintained. Rule 11.5: if an actual conflict arises, the solicitor may continue for one client, or for clients between whom there is no conflict, only if each client for whom the solicitor ceases to act gives informed consent and confidentiality to all of them is not put at risk.
Keep health, wage and scheme records in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).
If the product supports a court document, apply the note for that court: Supreme Court Practice Note SC GEN 25 (14 May 2026), the County Court practice note on artificial intelligence by court users (9 June 2026), or the Magistrates' Court guidelines issued 19 October 2026. One tool cannot verify another. Do not put confidential or sensitive information into a public tool.