Victorian Consolidated Legislation

Supreme Court Act 1986 - SECT 33ZA

Constitution etc. of fund

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.