Journal article
Cy-pres remedies in class actions – quo vadis?
Australian Law Journal, Vol.95(9), pp.710-727
09/2021
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Abstract
The cy-pres doctrine permits a damages award or settlement sum in a class action proceeding to be distributed to the “next best” alternative when all or some of the class members cannot, for various reasons, be compensated individually. This article presents the results of the first comprehensive empirical study undertaken in Australia of cy-pres remedies granted in class actions. The empirical findings reveal that the cy-pres doctrine is alive and well in Australia’s class action regimes, particularly in relation to uncollected settlement proceeds. The findings also demonstrate that deterrence has become an accepted and integral policy goal in this context. But they also reveal that cy-pres relief has been granted in an inconsistent manner by Australian judges. In light of these findings, the article recommends that an express legislative cy-pres power be conferred on judges presiding over class actions.
Details
- Title
- Cy-pres remedies in class actions – quo vadis?
- Creators
- Georgina DimopoulosVince Morabito
- Publication Details
- Australian Law Journal, Vol.95(9), pp.710-727
- Publisher
- Ventura Media Asia Pacific
- Identifiers
- 991013102512202368
- Copyright
- © Ventura Media Asia Pacific.
- Academic Unit
- Faculty of Business, Law and Arts
- Language
- English
- Resource Type
- Journal article