Conflicts of interest

Conflicts of interest

The principle of good faith includes the concept of “undivided loyalty”. That is, the adviser owes a duty to his or her client to act in the client’s best interests, free from any competing loyalties to anyone else.

A conflict of interest arises when interests of your own, or another client of yours, may influence your judgement or actions towards a client.

Clause 6 of the code of conduct sets out the requirements on advisers in relation to actual or potential conflicts of interests, and can be read as follows:

Clause 6a:

• Unless the client agrees in writing subsequent to the adviser disclosing the potential conflict, an adviser must not represent a client who has potentially conflicting interests with another client of the adviser in relation to immigration matters.

Clause 6b:

• Unless the client agrees in writing to representation subsequent to the adviser disclosing the potential conflict, an adviser must not represent a client with whom he or she has a potential conflict of interest in relation to immigration matters.

Clause 6c:

• Unless the client agrees in writing to the arrangement subsequent to the adviser disclosing the potential conflict, an adviser must not enter into an arrangement with a client other than for the provision of immigration advice, if the arrangement creates a potential conflict of interest.

Where conflicts of interest arise, an adviser must address these on a case by case basis, bearing mind all relevant contract(s) and written agreement(s) that have been entered into as well as the code of conduct.

In some situations this may mean that the adviser can no longer represent the client. Where this situation eventuates, other relevant provisions of the code of conduct to consider are:

• clause 1.1c to ensure that the clients’ interests are represented if the adviser cannot for any reason continue as a representative
• clause 1.2a to maintain the client’s confidentiality.