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Australia Leading Case no conflict ruleprofessional negligence

Maguire v Makaronis

(1997) 188 CLR 449
JurisdictionAustralia
CourtHigh Court of Australia
Year1997
StatusBinding authority

Summary

A solicitor acting for both parties to a transaction is in a position of conflict of interest and must make full disclosure to both parties to discharge fiduciary duty.

Key Principle

The HCA confirmed that a solicitor who acts for both parties to a transaction is in a position of conflict of interest; the fiduciary duty requires the solicitor to make full disclosure to both parties.

Area of Law

trusts

Related Cases

Thorne v Kennedy (2017) 263 CLR 85

Prenuptial agreements set aside for unconscionability and undue influence where inequality of bargaining power existed between the parties.

Kakavas v Crown Melbourne Ltd (2013) 250 CLR 392

A casino operator's mere knowledge of a patron's pathological gambling does not constitute unconscionable conduct absent deliberate exploitation of that special disadvantage.

Australian Competition and Consumer Commission v Lux Distributors Pty Ltd [2013] FCAFC 90

A supplier's high-pressure door-to-door sales tactics targeting elderly women constituted unconscionable conduct under the Australian Consumer Law.

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