- How fiduciary duties arise and their scope
- Why they are important
- The “go to” cases
- Ancillary liability under Barnes v Addy and whether the Corporations Act provides a statutory equivalent
- Relief, including the obligation to account and the “last resort”constructive trust
- How “reasonable minds” may differ in approach
This presentation was inspired by Glenn Newton QC‘s LLM dissertation ‘Are fiduciary duties, under Australian law, confined to the two proscriptive duties of no profit an no conflict?‘ The dissertation was described by Edelman J as “…the most comprehensive deconstruction of modern Australian fiduciary law I have read”. A copy of the dissertation is available here.