Research Paper #6: Class Action Remedies: Cy-près; ‘An Imperfect Solution to an Impossible Problem’

Abstract

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-pres remedies. We discuss the use of cy-pres remedies in class actions in the United States of America and Canada is reviewed and the existing practice of granting cy-pres distributions in limited circumstances. It is suggested that the courts should have an express statutory power to grant cy-pres remedies.