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Course

Fiduciary Duties and Conflicts of Interest - LAWS8875

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 4

Enrolment Requirements:

Prerequisite: Academic Program must be either 9200, 9210, 5740 or 9230

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

The course 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,director's duties,legal and auditing practice and the financial services industry.


LLM Specialisation

Recommended Prior Knowledge

There are no prerequisites for the course but an undergraduate knowledge of equitable principles or company law would be desirable.

Course Objectives

  • To develop an understanding of fiduciary principles, the rule against conflicts of interest and applicable remedies and of steps available to manage conflicts of interest in a commercial environment.
  • To reinforce techniques of legal research and legal writing

Main Topics

  • The scope of fiduciary duties in Australian, UK and Canadian law.
  • Remedies for breach of fiduciary duty.
  • 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.

Assessment

Short class presentation 30%
Research Essay (7000 words) 70%

Course Texts

Prescribed

A set of reading materials will be available to students at the UNSW bookshop on campus .
Recommended
  • J Conaglen,Fiduciary Loyalty: Protecting the due performance of non-fiduciary duties, 2010
  • PD Finn,Fiduciary Obligations, Law Book Company, 1997
  • J Glover,Equity, Restitution and Fraud, LexisNexis Butterworths, 2004
  • K Clark (ed)Conflicts of Interest, European Lawyer Reference,2005
  • L Thevenoz & R Bahir (eds),Conflicts of Interest:Corporate Governance and Financial Markets, Kluwer Law,2007
  • C Hollander & S Salzedo,Conflicts of Interest,3rd ed, Sweet & Maxwell,2008

Resources

Refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.
Library Lawn

Study Levels

Undergraduate Study Postgraudate Study Postgraduate Research Study Non-Award Study

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