Queensland Consolidated Acts

CIVIL PROCEEDINGS ACT 2011 - SECT 103W

103W Constitution etc. of fund

(1) Without limiting section 103V (2) , in providing for the distribution of money to group members, the court may provide for—

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

(b) either—

(i) the payment by the defendant of a fixed sum of money into the fund; or

(ii) the payment by the defendant into the fund of instalments, on the conditions the court considers appropriate, to meet the claims of group members; and

(c) entitlements to interest earned on the money in the fund.

(2) The costs of administering the fund are to be borne by the fund or the defendant, as the court directs.

(3) If the court orders the constitution of a fund under subsection (1) , the order must—

(a) require notice to be given to group members in the way stated in the order; and

(b) state the way in which a group member must make a claim for payment from the fund and establish the member’s entitlement to the payment; and

(c) state a date, at least 6 months after the date on which the order is made, before which the group members must make a claim for payment from the fund; and

(d) provide for the date before which the fund must be distributed to group members who have established an entitlement to be paid from the fund.

(4) The court may, if it considers it just, allow a group member to make a claim after the date stated under subsection (3) (c) if the fund has not been fully distributed.

(5) On application by the defendant after the date provided for under subsection (3) (d) , the court may make the orders it considers just for the payment from the fund to the defendant of the money remaining in the fund.