The class action as sheriff: private law enforcement and remedial roulette

In a recent conference paper,1 Jeff Berryman expressed dismay about the “piecemeal” undermining of the compensation principle. The compensation principle requires that the plaintiff should as nearly as possible get the sum of money that will place him in the same position as if he had not suffered a wrong.2 Berryman argues that the principle has occupied a central position in modern private law “as a justification for who (victim) is allowed to commence an action in court, and for what (compensation), and as a limiting mechanism on the limits of what courts may justifiably do. But its justificatory and limiting roles are becoming frayed.”3 He describes the demise of the principle as “death by a thousand cuts”. Some of the deepest cuts have been inflicted by the modern class action. In this essay I will explore the effect of developments in class action law and practice upon remedial law, and investigate the state of health of the compensation principle. My focus will be upon class actions in Australia, Canada, and the US, in descending order. I will concentrate on compensatory, and to a lesser extent restitutionary remedies; leaving discussion of punitive, exemplary and treble damages for another occasion

Open Source or Off-the-Shelf?:Establishing an institutional repository for a small institution

Effective management of digital assets as well as increasing research exposure and impact are particular challenges faced by smaller institutions with limited infrastructure and resources. The paper explores the significant factors involved in considering, planning and establishing an institutional repository for Bond University, one of the smaller higher education providers in Australia. The salient benefits and advantages as well as the disadvantages of implementing an off-the-shelf product as opposed to an open source solution for an institutional repository are compared. The rationale for choosing a proprietary product over an open source solution is discussed, as well as the process for obtaining funding and the support of key stakeholders within the University. The paper describes the strategies employed to populate the repository retrospectively and to train academic staff and researchers in self-archiving. The development of policy governing the repository and intellectual property and copyright implications are also covered. Background on Bond Universit