Western Australian Current Acts Western Australian Current Acts (1) The Court may, in
determining a matter in a representative proceeding, do any one or more of the
following —
(a)
determine an issue of law;
(b)
determine an issue 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 the Court thinks just.
(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) Except when
approving a settlement, the Court is not to make an award of damages in an
aggregate amount without specifying amounts awarded in respect of individual
group members unless a reasonably accurate assessment can be made of the total
amount to which group members will be entitled under the judgment.
(4) Where the Court
has made an order for the 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 their 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.