Comparing English and Australian approaches to fiduciary duties in a commercial context
The development of fiduciary principles in each of England and Wales and Australia has been influenced by case law and academic writings in the other jurisdiction. In this presentation, Justice Ashley Black will address some commonalities and divergences in the application of fiduciary principles to commercial dealings in the two jurisdictions, including:
- when fiduciary duties are established;
- issues in partnerships, joint ventures and other commercial arrangements;
- the debate as to positive fiduciary duties; and
- limiting and excluding fiduciary duties.
A link to Judge Black's paper may be found here