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AUSTRALIAN CLASS ACTION SETTLEMENT DISTRIBUTION SCHEME DESIGN -- DECIDING WHO GETS WHAT.

Authors :
GILSENAN, REBECCA
LEGG, MICHAEL
Source :
University of Queensland Law Journal. 2019, Vol. 38 Issue 1, p15-39. 25p.
Publication Year :
2019

Abstract

Class actions are legal proceedings brought on behalf of numerous persons, known as group members. When a class action settles for a monetary payment to compensate the group members, the payment needs to be divided among the group members. The division and distribution takes place pursuant to a court-approved settlement distribution scheme ('SDS'). Although the SDS is central to the determination of the actual amount that an individual group member receives from a class action settlement, the design and operation of SDSs have attracted little critical attention. This article seeks to start the process of elucidating the operation of SDSs by explaining three main types of class action SDS: (1) global sum with formula; (2) global sum with individualised assessment; and (3) process approach. The article then draws on those SDS models and class action settlement decisions to develop guiding principles or steps for the design of an SDS. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
00834041
Volume :
38
Issue :
1
Database :
Academic Search Index
Journal :
University of Queensland Law Journal
Publication Type :
Academic Journal
Accession number :
139518018