Civil Procedure (Representative Proceedings) Act 2022

The Court may, in determining a matter in a representative proceeding, do any one or more of the following —

determine an issue of law;

determine an issue of fact;

make a declaration of liability;

grant any equitable relief;

make an award of damages for group members, sub‑group members or individual group members, being damages consisting of specified amounts or amounts worked out in such manner as the Court specifies;

award damages in an aggregate amount without specifying amounts awarded in respect of individual group members;

make such other order as the Court thinks just.

In making an order for an award of damages, the Court must make provision for the payment or distribution of the money to the group members entitled.

Except when approving a settlement, the Court is not to make an award of damages in an aggregate amount without specifying amounts awarded in respect of individual group members unless a reasonably accurate assessment can be made of the total amount to which group members will be entitled under the judgment.

Where the Court has made an order for the award of damages, the Court may give such directions (if any) as it thinks just in relation to —

the manner in which a group member is to establish their entitlement to share in the damages; and

the manner in which any dispute regarding the entitlement of a group member to share in the damages is to be determined.