A fiduciary, accidentally or deliberately, may breach his duty to his beneficiary by misusing his position to derive an unauthorised profit. Paradoxically, and notwithstanding this breach, he may be entitled to receive an 'equitable allowance’ for the work which he has done. The award of an allowance represents an abrupt departure from the 'prophylactic’ disciplinary sanctions to which Equity normally subjects a fiduciary. Perhaps as a result of this incongruity, technical questions concerning the ease with which such an 'allowance’ may be granted and the principles upon which it is awarded are much disputed.
"Reconciling 'Irreconcilable Principles' - A Revisionists View of the Defaulting Fiduciary's 'Generous Equitable Allowance',"
Bond Law Review:
1, Article 3.
Available at: http://epublications.bond.edu.au/blr/vol5/iss1/3