Focusing upon the australian common law position


Despite some academic disquiet concerning judgements ordering the disgorgement of ill-gotten profits flowing from contractual breaches, such orders are, in fact, quite commonplace where the concept of the fiduciary duty has been affixed. In this context, please regard fiduciary duties as incorporating the concept of unjust enrichment.

Discuss the above by focusing upon the Australian common law position and that of at least two other Commonwealth jurisdictions.  

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