The "Stolen Generation" - Finding a Fiduciary Duty
AbstractThe Western Australia Government established itself as a guardian to Aboriginal children removed from their families during the State's era of assimilation and segregation. The guardian/ward relationship has long been held as fiduciary in nature. The fiduciary duty is a concept which arose from the courts of equity. The article examines the nature, scope and obligation a fiduciary owes, and discusses whether there are grounds for demonstrating a breach of such a duty. The author discusses the merits of launching such an action. Actions of this type are beginning to be run in Western Australian courts. |