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Fiduciary Duties and Conflicts of Interest - LAWS8875
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
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
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

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

Corporate and Commercial Law;Corporate Commercial and Taxation Law

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
  • 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.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.