Analysis of Breen v Williams: A Critical Examination of the Doctor-Patient Fiduciary Relationship

Abstract

This paper critically examines Breen v Williams, where the High Court of Australia rejected the view that doctors owe fiduciary duties to grant patients access to medical records. By restricting fiduciary obligations to negative duties, the Court overlooked patient vulnerability, trust, and the therapeutic realities of healthcare. Drawing on Canadian jurisprudence, particularly McInerney v MacDonald, the paper highlights the divergence from international approaches that affirm positive disclosure duties. It argues for a reformed fiduciary framework aligned with patient autonomy, while noting that legislative reforms, such as the Health Records and Information Privacy Act 2002 (NSW), have partially addressed these gaps.