Conflicts, causation and the limits of Brickenden
The Court denied a plaintiff use of the Brickendon exception for a claim for breach of fiduciary duty, even though the solicitor acted for both parties.
Accounting for the ‘wholesale plundering’ of a business
High Court confirms knowing participant in a breach of fiduciary duty is liable to account for any benefit gained as a result. By KATE BOYD.
The latest from the High Court: June 2018
Reporting and analysis of the latest key judgments from the High Court of Australia. By ANDREW YUILE.
The latest from the Federal Court: February 2018
Reporting and analysis of the most notable decisions in the Federal Court. By DAN STAR QC.
Characters in conflict: how well do you know your former clients?
Conflict is not limited to obtaining pieces or categories of confidential information. It can include familiarity with a party’s strengths and vulnerabilities – its ‘litigious…
Proprietary estoppel and the risks of mixing family and business
Proprietary estoppel requires a plaintiff to assume that an interest in property will be granted but not always that a ‘particular legal relationship’ existed. By…
The latest from the High Court: May 2015
Reporting and analysis of the latest key judgments from the High Court of Australia. By THOMAS HURLEY.
The latest from the High Court: August 2014
Reporting and analysis of the latest key judgments from the High Court of Australia. By THOMAS HURLEY.