Private Law Theory

INTRODUCTION
One might be forgiven in taking the view that to address this topic in 45 minutes is a Herculean task. Well, it is so the topic will be necessarily addressed at a fairly high level. The topic of fiduciary duties, including breach, has attracted extensive attention both at an academic and at a judicial level. The logical first step is to consider the circumstances in which fiduciary duties might arise. That is followed by a consideration of scope and content and then breach, in particular the no conflict rule and the no profit rule …

Justice O’Sullivan, Breach of fiduciary duty – the good, the bad and the ugly (South Australia Bar Association Conference, Novotel Resort, Barossa Valley, 21 February 2026).