Murdoch University Research Repository

Welcome to the Murdoch University Research Repository

The Murdoch University Research Repository is an open access digital collection of research
created by Murdoch University staff, researchers and postgraduate students.

Learn more

Compensation for a claim of breach of fiduciary obligation owed by the crown towards indigenous people arising from the mismanagement of native title: A comparative analysis of the law in the United States, Canada and Australia

Samec, Ernest FE (1999) Compensation for a claim of breach of fiduciary obligation owed by the crown towards indigenous people arising from the mismanagement of native title: A comparative analysis of the law in the United States, Canada and Australia. Honours thesis, Murdoch University.

[img]
PDF - Whole Thesis
Available Upon Request

Abstract

The objective of this research paper is to examine the principles governing an award of compensation arising from a claim for a breach of fiduciary duty owed by the Crown towards the indigenous custodians of native title in Australia. If a fiduciary relationship can be established, breach of the duty would make the Crown as fiduciary liable to these indigenous people as beneficiaries for any damage flowing from the breach. The inherent flexibility of the remedies available for a breach of fiduciary duty are potentially significant to provide the necessary compensation1 for injustices suffered by indigenous people2 in relation to land…

Item Type: Thesis (Honours)
Murdoch Affiliation: School of Law
Notes: Note to the author: If you would like to make your thesis openly available on Murdoch University Library's Research Repository, please contact: repository@murdoch.edu.au. Thank you.
Supervisor(s): UNSPECIFIED
URI: http://researchrepository.murdoch.edu.au/id/eprint/48776
Item Control Page Item Control Page