Research Paper #6: Class Action Remedies: Cy-près; ‘An Imperfect Solution to an Impossible Problem’
47 Pages Posted: 13 Jan 2021
Date Written: November 19, 2020
In this paper, we revisit the recommendation of the Victorian Law Reform Commission in 2008 that the courts be given an express power to grant cy-près remedies. We discuss the use of cy-près remedies in class actions in the United States of America and Canada is reviewed and the existing practice of granting cy-près distributions in limited circumstances. It is suggested that the courts should have an express statutory power to grant cy-près remedies.
Keywords: cy-près, class actions
Suggested Citation: Suggested Citation