Problem
Judges in the highest courts in Canada, Australia and New Zealand have recognised the existence of fiduciary duties owed by government to indigenous persons.'1
Critically analyse Australia's position towards the recognition of the public trust with comparison to Canada and New Zealand. In your analysis, you should identify and compare:
i. How the fiduciary duty is derived;
ii. What is the scope of the government's fiduciary duty;
iii. What are the challenges involved in recognising "public" fiduciary obligations to Indigenous persons?
iv. Do you think equity is able to achieve its purpose in remedying the legal disadvantage faced by vulnerable persons, especially Indigenous persons and communities, in Australia? Consider the social, cultural, economic, ethical and human rights implications of the decisions you have discussed.