Commercial and Corporations NPA Seminar Series

Fiduciaries in modern commerce

The Federal Court of Australia is pleased to invite practitioners to the second Commercial & Corporations National Practice Area Seminar, presented as part of the Court’s 50th Anniversary program.

Since its establishment in 1976, the Court has been a forum for the resolution of many of Australia’s major commercial disputes. During that time, fiduciary law has developed as a significant part of equity’s role in commerce.

This development raises a fundamental tension. Trade and commerce generally recognise the legitimacy of the honest pursuit of self-interest, while fiduciary obligations require those who owe them to put aside their own interests. Identifying the boundary between these principles in a commercial setting is not straightforward.

The practical application of fiduciary law also raises questions about commercial certainty, freedom of contract and party autonomy. Resolving fiduciary disputes requires close examination of the circumstances and the application of principles that, in respects, remain unsettled. This can sit uneasily with the commercial community’s need for timely, efficient and predictable dispute resolution.

The Hon Justice James Edelman AC of the High Court of Australia, and former Federal Court judge, will deliver opening remarks followed by Adam Pomerenke KC.

Adam Pomerenke KC will trace the development of key aspects of fiduciary law over the life of the Court, examine significant areas of continuing controversy and reflect on where equity’s boundary now lied in the commercial world.

Speakers

The Hon Justice James Edelman AC

Justice Edelman was appointed to the High Court of Australia in January 2017. He previously served as a judge of the Federal Court of Australia from 2015 to 2017 and the Supreme Court of Western Australia from 2011 to 2015.

Before his judicial appointments, he practised in criminal and commercial law at the chambers of Malcolm McCusker QC in Western Australia, and in commercial law at One Essex Court Chambers in London. He was a Fellow of Keble College, Oxford from 2005 and Professor of Law of Obligations at the University of Oxford from 2008 to 2011.

Adam Pomerenke KC

Adam Pomerenke KC has practised in commercial litigation for more than 30 years.

Throughout his career, he has been actively involved in continuing legal education and collaboration between the judiciary, academics and practitioners. Alongside his practice, he has tutored in commercial law a Queensland University of Technology and is a frequent presenter in the Bar’s continuing professional development program.

Event details