Fiduciary Obligations

Fiduciary obligations may spring up by reason of relationships of trust and confidence or confidential relations
Making reference to case law and giving at least one example from each of the following areas:
(a) the general law (as it relates to the formation of a company);
(b) the Partnership Act 1892 (NSW) or equivalent legislation in another Australian State or Territory; AND
(c) the Corporations Act 2001 (Cth),
explain in detail the fiduciary concept.
Total (50 marks)
* Please ensure you read and understand the material on pages 7 and 8 of the Unit Information Guide regarding the Assessment.
Marking criteria
Important information:
You are advised to consider the following information carefully before starting your assignment.
The assignment will be marked according to the following criteria.
Research (40%)
You are expected to demonstrate a comprehensive review of the primary law sources (legislation, case law) as well as an adequate review of secondary sources (for example textbooks, journal articles, case commentary, explanatory memoranda, Law Reform Commission reports). Your research should be used to identify and clearly state the relevant
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issues and legal principles and support your analysis.
Analysis (50%)
You are expected to analyse the information gathered and evaluate the relevant legal principles. You are expected to develop your argument logically through clear analysis and apply relevant legal principles to the resolution of issue(s). Your analysis should also:
ï‚· integrate and evaluate relevant knowledge from the material covered in this unit
ï‚· develop and sustain a concise and convincing legal argument through to a logical conclusion, and
ï‚· importantly, answer the specific question asked.
Technical aspects (10%)
You are expected to:
ï‚· correctly reference and acknowledge sources. Please note the reference system adopted in this assignment can be either the AGLC 3 (Australian Guide to Legal Citation 3rd ed) or the Harvard referencing system. The referencing system adopted must be used correctly and consistently;
ï‚· use fluent, clear, concise writing that contains clear expression, correct grammar, syntax, sentence structure and spelling; and
ï‚· use headings and subheadings (where appropriate), an introduction, conclusion and bibliography or reference section