Conflicts of Interest

1. Our conflicts policy

ProFact is instructed by law firms, insurers, corporate clients, government agencies and private individuals across Australia. Our conflicts policy is designed to protect the integrity of each file while recognising the volume and variety of instructions we receive.

The core rule: if we are engaged by party A to conduct an investigation concerning party B, we would not subsequently accept instructions from B to conduct an investigation concerning A.

Following from that rule, we may still accept instructions from B concerning a different party (C), and we may accept instructions from another party (D) concerning A. A direct A–B reversal of the same matter is the conflict we will not take on.

2. Example

If A instructs us to investigate B, and B later asks us to investigate A, we would decline that second instruction. We would not provide a reason, in line with our confidentiality obligations (see below).

In practice, a direct opposing instruction of this kind is uncommon given the breadth of our client base and the nature of the matters we are briefed on.

3. How this differs from law firm practice

This policy differs from the conflict model typically used by law firms. ProFact has been approached and engaged by many law firms, businesses, insurers and other entities over the years. It is not commercially feasible for us to maintain the same firm-wide conflict register that a legal practice uses for every past and prospective client relationship.

Our model focuses on direct opposing instructions in the same matter pairing, not on every historical contact across our client list.

4. Confidentiality and conflict enquiries

Unless authorised by a client, we are not permitted to disclose to anyone whether we have acted for a particular person or entity. We guarantee the confidentiality of all clients.

If we are asked whether we hold a conflict of interest, we generally cannot answer in the affirmative without revealing the identity of an existing or former client. That confidentiality obligation sits alongside this conflicts policy.

5. When we may decline a matter

Generally, the circumstances in which we would decline instructions and may not provide a reason include:

• a possible conflict of interest;
• a concern about a real risk of harm to a party involved in an investigation (whether the client, the subject of the investigation or an investigator). We may make enquiries before accepting instructions regarding a client or subject’s background;
• a prior adverse experience with that subject or client;
• circumstances in which we have received credible intelligence from colleagues in the industry that a client or subject is problematic; or
• a lack of investigative resources at that point in time.

Declining a brief is a matter for senior review. It is not a reflection on the merits of your matter unless we tell you otherwise.

6. Questions

If you have questions about this policy before briefing us, contact a senior investigator:

Email: briefs@profact.com.au
Phone: 1300 464 810

Effective date: 1 June 2026