The recent decision of the High Court of Australia in
Ancient Order of Foresters in Victoria Friendly Society Limited
v Lifeplan Australia Friendly Society Limited [2018] HCA 43
clarified the consequences for those who may be deemed to have
knowingly assisted a fiduciary in breach of their duties. While the
Court stated that there was no revision of principle required, in
its decision, the High Court has clarified the applicable rules to
knowing assistance, causation and accounting for profit.
Facts
Lifepan Australia Friendly Society (Lifeplan),
through its wholly owned subsidiary, Funeral Plan Management Pty
Ltd (FPM) and Ancient Order of Foresters in
Victoria Friendly Society Ltd (Foresters) both
operate in the pre-paid funeral products industry.1 The
fiduciaries –Mr Woff and Mr Corby – were senior
managers of Lifeplan. While still employed, it was found Woff and
Corby secretly offered to Foresters, a five-year business plan
designed essentially to
