The unit will be taught by Justice Ashley Black (Supreme Court of New South Wales), Mr Imtiaz Ahmed (Barrister) and Mr Alexander Morris (King and Wood Mallesons). The unit will involve both a conceptual analysis of fiduciary duties and associated remedies and a focus on the treatment of conflicts of interest in key areas of commercial activity and professional practice including partnerships and joint ventures, directors' duties, legal and auditing practice and the financial services industry. Main topics include: The scope of fiduciary duties in Australian and UK law; Fiduciary duties and conflicts of interest in partnerships, joint ventures and other commercial relationships; Conflicts of interest affecting lawyers and auditors; Management of conflicts of interest in the financial services industry; and Remedies for breach of fiduciary duty.
Jan 21, 22 and 25 (2-6) and Jan 23, 24 (11-6)
class participation including optional short presentation (10%) and 7000wd essay (90%)
Recommended references (purchase not required): PD Finn, Fiduciary Obligations, Law Book Company, 1997; J Glover, Equity, Restitution and Fraud, LexisNexis Butterworths, 2004; M Conaglen, Fiduciary Loyalty, Oxford, 2010.
Academic Profile https://sydney.edu.au/law/about/our-people.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/cpd/
Undergraduate knowledge of equitable principles or company law would be desirable