Cy-près remedies in class actions – quo vadis?

Georgina Dimopoulos, Vince Morabito

Research output: Contribution to journalArticleResearchpeer-review

Abstract

The cy-près 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-près remedies granted in class actions. The empirical findings reveal that the cy-près 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-près relief has been granted in an inconsistent manner by Australian judges. In light of these findings, the article recommends that an express legislative cy-près power be conferred on judges presiding over class actions.
Original languageEnglish
Pages (from-to)710-727
Number of pages18
JournalAustralian Law Journal
Volume95
Issue number9
Publication statusPublished - Sept 2021

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