Pope v Madsen

[2015] QCA 36

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Equity
2. › Fiduciary obligations
3. › Scope of fiduciary duties
4. › Parent-child relationship
5. › Whether fiduciary duty extends to protect against physical and sexual abuse
6. › Whether breach of fiduciary duty claim maintainable for personal injury arising from parental abuse
1. Equity
2. › Fiduciary obligations
3. › Proscriptive duties
4. › Distinction between fiduciary duties and tortious duties
5. › Whether fiduciary principles can be superimposed on common law duties to improve remedies
1. Practice and Procedure
2. › Striking out
3. › No reasonable cause of action
4. › Whether claim should be struck out where law is settled rather than developing
5. › District Court of Queensland Act 1967 (Qld), s 118

Quick Take

Australian law does not permit a child to sue a parent for equitable compensation for breach of fiduciary duty based on physical or sexual abuse; such claims fall within the domain of tort law. The law on this point is settled, not developing, and claims of this nature are liable to be struck out summarily. The dictum of McHugh J in Marion's Case regarding the fiduciary character of the parent-child relationship is confined to the exercise of parental authority on behalf of the child and does not support a broader fiduciary duty claim based on abuse.