87Constitution, &c., of fund

### 87 Constitution, &c., of fund > *\[Section 87 Repealed by No. 63 of 1963, s. 2 and Sched. 1 \]* > > > (1)  Without limiting the operation of [section 86](#GS86@EN) , 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, and on such terms, as the Court directs so as 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 by the defendant in the representative proceedings, or by both, as the Court directs. > > > (3)  If the Court orders the constitution of a fund referred to in [subsection (1)](#GS87@Gs1@EN) , the order is to – > > > > > > (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 payment; and > > > > > > > (c) specify a day (which is not earlier than 6 months 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 by 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 allow a group member to make a claim after the day specified under [subsection (3)(c)](#GS87@Gs3@Hpc@EN) if – > > > > > > (a) the fund has not already been fully distributed or applied in accordance with an order under [subsection (5)](#GS87@Gs5@EN) ; and > > > > > > > (b) it is just to do so. > > > (5)  On the application of the defendant made after the day by which the fund is to be distributed to group members, as referred to in [subsection (3)(d)](#GS87@Gs3@Hpd@EN) , 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.