The Supreme Court Annual Commercial and Corporate Law Conference

15 November 2017


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The Conference will revisit how fiduciary duties operate within corporations and in the more general commercial environment. There is much confusion about basic elements of conflicts law, particularly regarding conflicts of duty, both under the general law, and in statutory contexts including the Corporations Act provisions dealing with corporate officers, managed investment schemes and financial services. The proposition adopted by the High Court of Australia, that fiduciary duties are essentially proscriptive rather than prescriptive, has been placed under scrutiny in academic commentary and some judicial observations, and stands in contrast with recent cases such as Duncan v ICAC, which have upheld positive duties of disclosure in an apparently fiduciary context. There is also continuing uncertainty as to when fiduciary relationships will arise in a commercial context, outside the established categories. One of the problems is the unsatisfactory nature of the corporations case law on directorships of competing companies, and more generally the application of the conflict of duties rules in the commercial boardroom context. The confusion at a theoretical level makes it very difficult to give practical advice.Our speakers will review the law and seek to untangle the underlying principles and policy.


The Hon Justice Fabian Gleeson, Court of Appeal, Supreme Court of NSW

The Hon Justice Ashley Black,Equity Division, Supreme Court of NSW

Ms Rebecca Maslen-Stannage, Deputy Senior Partner, Herbert Smith Freehills

Professor Pamela Hanrahan, University of New South Wales


CPD points = 4

Co-sponsored by the Supreme Court of New South Wales, The Law Society of New South Wales and the Ross Parsons Centre of Commercial, Corporate and Taxation Law of the University of Sydney Law Schoolples and policy.

Time: 1.30pm-6pm

Location: NSW Bar Association, Common Room, Basement Level, 174 Phillip Street, Sydney

Cost: $260 incl. GST

Contact: The Law Society of New South Wales, Venue & Events Department

Phone: +61 9926 0360

Email: 28452f3a220b2e1b321a06092a5d023c1a5916190c7f371c

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