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‘Corporate governance is the system by which companies are directed and controlled.’ One underutilised aspect of corporate governance is the fiduciary obligation. Given that the balance between corporate governance and commercial activity is of concern both in Australia and overseas, the value of developing a broader principle of fiduciary obligati...
One reason that plaintiffs desire to prove a breach of fiduciary obligation is that remedies following such a breach are more extensive than the remedies following a breach of contract or a tort. One of the most important of these remedies following a breach of fiduciary duty is the constructive trust. But the courts have been aware of this and so...
This article discusses the circumstances in which employees can be, or can insist on being, indemnified by their employer against expenses or liabilities incurred in connection with their job. It suggests that there is scope at common law for a broader view as to the 'necessity' for an implied right of indemnification. It also questions whether the...