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Preface... The sole purpose - and justification - of this book is to fill a gap in the writings on Equity. Unlike trusts and equitable remedies, fiduciary obligations have escaped sustained attention by legal commentators. It is hoped that the following pages will serve to dispel many of the misconceptions and mysteries which currently bedevil this branch of the law.
Insofar as a seemingly amorphous mass of case law has permitted, I have attempted to outline the general principles and rules which inform judicial supervision of fiduciaries. Consequently I have not concerned myself with presenting a description of the possible fiduciary incidents of particular legal relationships such as principal and agent or trustee and beneficiary. Indeed, in my view, these "incidents" can only be understood properly after one first divines the purport and nature of Equity's regulation of fiduciaries. And thus one must go back to the general rules and principles.
The manner in which the case law has been packaged and presented here simply represents my own appreciation of the existing law. Doubtless others may see it differently. In coming to my conclusions I have benefited greatly from the comments, doubts and criticisms of others - particularly from Professor Gareth Jones of Trinity College, Cambridge, Dr L. S. Sealy of Gonville & Caius College, Cambridge, W. A. Lee of the University of Queensland, and my wife and colleague Mary.
For typing the manuscript, proof reading and preparation of tables, I must thank Mrs Denise Hokin of Queensland University and Mark Richardson of the Australian National University.
The law is stated as at August 1976. P.D.F. August, 1976