Episode 7: Breaches of Fiduciary Duty and Remedies

Dr Sarah McKibbin continues the fiduciary obligations discussion with her two enthusiastic co-host students—Katie Forsythe and Matt Acheson—diving into what happens when fiduciaries breach their duties of loyalty. This episode examines the strict liability that can arise from conflicts of interest, unauthorised profits, and 'double character' situations—even when the fiduciary acts honestly and causes no harm.Explore the limited defences available to fiduciaries, from fully informed consent to contractual variations, and discover equity's powerful remedial arsenal: accounts of profits, equitable compensation, constructive trusts, and more. The discussion extends to third-party liability through the two limbs of Barnes v Addy, examining when non-fiduciaries can be held accountable for 'knowing receipt' or 'knowing assistance' in breaches.Through cases spanning centuries—from 1874 (Barnes v Addy) to today—understand how these ancient principles continue to evolve to address contemporary commercial challenges. ⚖️ Perfect for: Law students preparing for equity exams, practitioners dealing with fiduciary claims, and professionals wanting to understand the serious consequences of breaching duties of trust. 📻 CreditsHost & Producer: Dr Sarah McKibbin, University of Southern QueenslandStudent Co-Hosts: Matt Acheson and Katie ForsytheAudio Production & Sound Design: Ben Meares