33ZJudgment of the Court

33Z Judgment of the Court (1) The Court may, in determining a matter in a group proceeding— (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; (g) make such other order as is just, including, but not restricted to, an order for monetary relief other than for damages and an order for non-pecuniary damages. (2) In making an order for an award of damages, or monetary relief the Court must make provision for the payment or distribution of the money to the group members entitled. (3) Subject to section 33V, the Court must not make an award of damages under subsection (1)(f) or monetary relief under subsection (1)(g) 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 directions in relation to— (a) the manner in which a group member or sub-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 or sub-group member to share in the damages is to be determined. S. 33ZA inserted by No. 78/2000 s. 13. 33ZA Constitution etc. of fund (1) Without limiting the operation of section 33Z(2), in making provision 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 such instalments, on such terms, as the Court directs to meet the claims of group members; and (c) entitlements to interest earned on the money in the fund. (2) The costs of administering a fund are to be borne by the fund or the defendant, or by both, as the Court directs. (3) If the Court orders the constitution of a fund mentioned in subsection (1), the order must— (a) require notice to be given to group members in such manner as is specified in the order; and (b) specify the manner in which a group member is to make a claim for payment out of the fund and establish the group member's entitlement to the payment; and (c) specify a day (which is 6 months or more after the day on which the order is made) on or before which the group members are to make a claim for payment out of the fund; and (d) make provision in relation to the day before which the fund is to be distributed to group members who have established an entitlement to be paid out of the fund. (4) The Court may, if it is just, allow a group member to make a claim after the day fixed under subsection (3)(c) if the fund has not already been fully distributed. (5) On application by the defendant after the day fixed under subsection (3)(d), the Court may make such orders as it thinks fit for the payment from the fund to the defendant of the money remaining in the fund. S. 33ZB inserted by No. 78/2000 s. 13. 33ZB Effect of judgment A judgment given in a group proceeding— (a) must describe or otherwise identify the group members who will be affected by it; and (b) subject to section 33KA, binds all persons who are such group members at the time the judgment is given. Division 5—Appeals S. 33ZC inserted by No. 78/2000 s. 13. 33ZC Appeals (1) On an appeal by the plaintiff on behalf of group members and in respect of the judgment to the extent that it relates to questions common to the claims of group members, the parties to the appeal are the plaintiff, as the representative of the group members, and the defendant. (2) On an appeal by a sub-group representative party on behalf of sub-group members in respect of the judgment to the extent that it relates to questions common to the claims of sub-group members, the parties to the appeal are the sub-group representative party, as the representative of the sub-group members, and the defendant. (3) On an appeal by the defendant in a group proceeding, other than an appeal referred to in subsection (4), the parties to the appeal are— (a) in the case of an appeal in respect of the judgment generally—the defendant and the plaintiff as the representative of the group members; and (b) in the case of an appeal in respect of the judgment to the extent that it relates to questions common to the claims of sub-group members—the defendant and the sub-group representative party as the representative of the sub-group members. (4) The parties to an appeal in respect of the determination of a question that relates only to a claim of an individual group member are that group member and the defendant. (5) If the plaintiff or the sub-group representative party does not commence an appeal within the time provided, another member of the group or sub-group may, within a further 21 days, commence an appeal as representing the group members or sub-group members, as the case may be. (6) If an appeal is brought from a judgment of the Trial Division in a group proceeding, the Court of Appeal may direct that notice of the appeal be given to such person or persons, and in such manner, as that court thinks fit. (7) Section 33J does not apply to an appeal. (8) The notice of appeal must describe or otherwise identify the group members or sub-group members, as the case may be, but need not specify the names or number of those members. Division 6—Miscellaneous S. 33ZD inserted by No. 78/2000 s. 13, amended by No. 22/2020 s. 4 (ILA s. 39B(1)). 33ZD Costs (1) In a group proceeding, the Court— (a) may order the plaintiff or the defendant to pay costs; (b) except as authorised by section 33Q or 33R, may not order a group member or a sub-group member to pay costs. S. 33ZD(2) inserted by No. 22/2020 s. 4. (2) Subsection (1)(b) is subject to any order made under section 33ZDA. S. 33ZDA inserted by No. 22/2020 s. 5. 33ZDA Group costs orders (1) On application by the plaintiff in any group proceeding, the Court, if satisfied that it is appropriate or necessary to ensure that justice is done in the proceeding, may make an order— (a) that the legal costs payable to the law practice representing the plaintiff and group members be calculated as a percentage of the amount of any award or settlement that may be recovered in the proceeding, being the percentage set out in the order; and (b) that liability for payment of the legal costs must be shared among the plaintiff and all group members. (2) If a group costs order is made— (a) the law practice representing the plaintiff and group members is liable to pay any costs payable to the defendant in the proceeding; and (b) the law practice representing the plaintiff and group members must give any security for the costs of the defendant in the proceeding that the Court may order the plaintiff to give. (3) The Court, by order during the course of the proceeding, may amend a group costs order, including, but not limited to, amendment of any percentage ordered under subsection (1)(a). (4) This section has effect despite anything to the contrary in the Legal Profession Uniform Law (Victoria). (5) In this section— ***group costs order*** means an order made under subsection (1); ***legal costs*** has the same meaning as in the Legal Profession Uniform Law (Victoria). S. 33ZE inserted by No. 78/2000 s. 13. 33ZE Suspension of limitation periods (1) Upon the commencement of a group proceeding, the running of any limitation period that applies to the claim of a group member to which the proceeding relates is suspended. (2) The limitation period does not begin to run again unless either the member opts out of the proceeding under section 33J or the proceeding, and any appeals arising from the proceeding, are determined without finally disposing of the group member's claim. S. 33ZF inserted by No. 78/2000 s. 13. 33ZF General power of court to make orders In any proceeding (including an appeal) conducted under this Part the Court may, of its own motion or on application by a party, make any order the Court thinks appropriate or necessary to ensure that justice is done in the proceeding. S. 33ZG inserted by No. 78/2000 s. 13. 33ZG Order may specify a date by which group members must take a step Without limiting the operation of section 33ZF, an order made under that section may— (a) set out a step that group members or a specified class of group members must take to be entitled to— (i) any relief under section 33Z; or (ii) any payment out of a fund constituted under section 33ZA; or (iii) obtain any other benefit arising out of the proceeding— irrespective of whether the Court has made a decision on liability or there has been an admission by the defendant on liability; (b) specify a date after which, if the step referred to in paragraph (a) has not been taken by a group member to whom the order applies, the group member is not entitled to any relief or payment or to obtain any other benefit referred to in that paragraph. S. 33ZH inserted by No. 78/2000 s. 13. 33ZH Order in event of decision or admission on liability (1) Without limiting the operation of sections 33ZF and 33ZG, if the Court has made a decision on liability or there has been an admission by the defendant on liability, an order made under section 33ZF may require notice of that decision or admission to be given to group members or a specified class of group members. (2) Subject to subsection (3), the form and content of the notice must be approved by the Court. (3) If the Court has made an order of a kind referred to in section 33ZG, the notice must set out the effect of the order. (4) An order under section 33ZF may require that a notice referred to in this section be given by means of press advertisement, radio or television broadcast, or by any other means. S. 33ZJ inserted by No. 78/2000 s. 13. 33ZJ Reimbursement of plaintiff's costs (1) If the Court has made an award of damages in a group proceeding, the plaintiff or a sub-group representative party, or a person who has been a plaintiff or such a party, may apply to the Court for an order under this section. (2) If, on an application under this section, the Court is satisfied that the costs reasonably incurred in relation to the group proceeding by the person making the application are likely to exceed the costs recoverable by the person from the defendant, the Court may order that an amount equal to the whole or a part of the excess be paid to that person out of the damages awarded. S. 33ZK inserted by No. 78/2000 s. 13, amended by No. 24/2008 s. 89(b). 33ZK Transitional provisions A proceeding commenced under Rule 18A.03 of the Supreme Court (General Civil Procedure) Rules 1996 on or after 1 January 2000 and before the passing of the **Courts and Tribunals Legislation (Miscellaneous Amendments) Act 2000** must be taken for all purposes to have been commenced under this Part on the day on which it was commenced under that Rule.