Civil Procedure (Representative Proceedings) Act 2022

Without limiting the Court’s power to make provision for the payment or distribution of money to group members, the Court may provide for —

the constitution and administration of a fund consisting of the money to be distributed; and

the payment by the respondent into the fund of a fixed sum of money or of instalments on such terms as the Court directs to meet the claims of group members; and

entitlements to interest earned on the money in the fund.

The costs of administering a fund are to be borne by the fund, or by the respondent in the representative proceeding, as the Court directs.

Where the Court orders the constitution of a fund under this section, the order must —

require notice to be given to group members in such manner as is specified in the order; and

specify the manner in which a group member is to make a claim for payment out of the fund and establish their entitlement to the payment; and

specify the period (the distribution period), ending no earlier than 6 months after the day on which the order is made, within which group members may make a claim for payment out of the fund; and

make provision in relation to the day (the final distribution day) before which the fund is to be distributed to group members who have established an entitlement to be paid out of the fund.

If the fund has not been fully distributed before the end of the distribution period, the Court may allow a group member to make a claim after the end of the distribution period if it is just to do so.

On application by the respondent in the representative proceeding after the final distribution day, the Court may make such orders as are just for the payment from the fund to the respondent of any money remaining in the fund.