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CIVIL PROCEEDINGS ACT 2011 - SECT 103V
Judgment
103V Judgment
(1) The court may do any 1 or more of the following in deciding a matter in a
representative proceeding— (a) decide an issue of law;
(b) decide an issue
of fact;
(c) make a declaration of liability;
(d) grant equitable relief;
(e) make an award of damages for group members, sub-group members or
individual group members, consisting of stated amounts or amounts worked out
in a stated way;
(f) award damages in an aggregate amount without stating
amounts awarded in respect of individual group members;
(g) make any other
order the court considers just.
(2) In making an order for an award of
damages, the court must provide for the payment or distribution of the money
to the group members entitled.
(3) Other than as provided under section 103R
, the court must not make an award of damages as mentioned in subsection (1)
(f) unless a reasonably accurate assessment can be made of the total amount to
which group members are entitled under the judgment.
(4) If the court makes
an order for the award of damages, the court may give any directions it
considers just in relation to the way in which— (a) a group member must
establish the member’s entitlement to share in the damages; and
(b) any
dispute regarding the entitlement of a group member to share in the damages
must be decided.
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