Fiduciary relationship | Practical Law

Fiduciary relationship | Practical Law

Fiduciary relationship

Fiduciary relationship

Practical Law ANZ Glossary w-004-5500 (Approx. 2 pages)

Glossary

Fiduciary relationship

A relationship in which one party (the fiduciary) is placed in a position of trust and confidence in relation to another party and acts on their behalf or in their interests in some respect (Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41; [1984] HCA 64). There are a number of legally recognised categories of fiduciary relationship (such as the relationship between agent and principal and the relationship between a director and the relevant company). In other instances such a relationship can be established on the facts and circumstances of a particular case. Where a fiduciary relationship is found to exist, the fiduciary owes fiduciary duties to the other party, which can be enforced in equity.