Breen v Williams

JurisdictionAustralia Federal only
Judgment Date1995
Neutral Citation[1995] HCA 63,1996-0906 HCA A,[1996] HCA 57
Date1995
Year1995
CourtHigh Court
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314 cases
2 firm's commentaries
  • Stronger Super: a new dawn for trustee governance
    • Australia
    • Mondaq Australia
    • July 25, 2013
    ...with a number of legislative refinements and there is considerable doubt about the scope of many of the FSR rules. 35 Above n1, 46. 36 (1996) 186 CLR 71. 37 (2001) 207 CLR 165. 38 P D Finn, "The Fiduciary Principle" in T G Youdan (Ed), Equity, Fiduciaries and Trusts (1989), 1. 39 These duti......
  • As a doctor, do you want to be an independent contractor, or an employee?
    • Australia
    • Mondaq Australia
    • June 27, 2022
    ...employed less than full-time. 3 British Medical Association v Commonwealth (1949) 79 CLR 201. 4 The view is echoed in Breen v Williams (1996) 186 CLR 71, 123. 5 It was not until 1959 that there were enough Specialists employed in Victorian Public Hospitals to warrant the state government co......
15 books & journal articles
  • UNAUTHORISED FIDUCIARY GAINS AND THE CONSTRUCTIVE TRUST
    • Singapore
    • Singapore Academy of Law Journal No. 2016, December 2016
    • December 1, 2016
    ...72 Camb LJ 260 at 262. 58 The Australian authorities are generally hostile towards prescriptive fiduciary duties: see Breen v Williams(1996) 186 CLR 71; Pilmer v Duke Group Ltd(2001) 207 CLR 165; and P&V Industries Pty Ltd v Porto[2006] VSC 131. Although the recent English case of Item Soft......
  • RECONFIGURING THE NO CONFLICT RULE
    • Singapore
    • Singapore Academy of Law Journal No. 2011, December 2011
    • December 1, 2011
    ...that adopted by Lord Woolf in A-G v BlakeELR[1998] Ch 439 at 455: “[E]quity is proscriptive, not prescriptive: see Breen v WilliamsUNK(1996) 138 ALR 259. It tells the fiduciary what he must not do. It does not tell him what he ought to do.” See also Millett, “Equity's Place in the Law of Co......
  • SELF-DEALING AND NO-PROFIT RULES: COMPANIES ACT 2016
    • Singapore
    • Singapore Academy of Law Journal No. 2020, December 2020
    • December 1, 2020
    ...v Brayhead Ltd [1968] 1 QB 549 at 589. 64 Attorney-General v Blake [1998] Ch 439 at 455, per Lord Woolf MR citing Breen v Williams (1996) 138 ALR 259. See also Pilmer v Duke Group (2001) 38 ACSR 122 at [74] and Dresna Pty Ltd v Linknarf Management Services Pty Ltd (2006) 237 ALR 687 at [132......
  • Credit Advisers, Consumer Credit and Equitable Fiduciary Obligations
    • United Kingdom
    • Sage Federal Law Review No. 47-1, March 2019
    • March 1, 2019
    ...Ibid s 47(1)(a).12. Commonwealth Bank of Australia v Smith (1991) 42 FCR 390, 392 (Davies, Sheppard and GummowJJ); Breen v Williams (1996) 186 CLR 71, 135 (Gummow J): ‘[t]he fiduciary is obliged not to enter uponconflicting obligations to several parties’; Pilmer v Duke Group Ltd (in liq) (......
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