Victorian Consolidated Legislation

Supreme Court Act 1986 - SECT 33Z

Judgment 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.