177Judgment—powers of the Court

#### 177 Judgment—powers of the Court 177 Judgment—powers of the Court (cf s33Z FCA) > > (1) The Court may, in determining a matter in representative proceedings, do any one or more of the following— > > > > > (a) determine a question of law, > > > > > (b) determine a question of fact, > > > > > (c) make a declaration of liability, > > > > > (d) grant any equitable relief, > > > > > (e) 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, > > > > > (f) award damages in an aggregate amount without specifying amounts awarded in respect of individual group members. > > > (2) 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. > > > (3) Subject to section 173, the Court is not to make an award of damages under subsection (1) (f) unless a reasonably accurate assessment can be made of the total amount to which group members will be entitled under the judgment. > > > (4) If the Court has made an award of damages, the Court may give such directions (if any) as it thinks just in relation to— > > > > > (a) the manner in which a group member is to establish the member’s entitlement to share in the damages, and > > > > > (b) the manner in which any dispute regarding the entitlement of a group member to share in the damages is to be determined. > > **pt 2A, divs 1–6 (ss 18A–18O):** Ins 2010 No 135, Sch 6.2 \[2\]. Rep 2013 No 1, Sch 1.6 \[2\]. > > **s 177:** Ins 2010 No 135, Sch 6.1 \[2\].