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

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
Year of publication:
[2021]
Authors: Cashman, Peter Kenneth ; Simpson, Amelia
Publisher: [S.l.] : SSRN
freely available
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