Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where the Court has made an award of damages in a representative proceeding, the representative party or a sub - group representative party, or a person who has been 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 representative proceeding by the person making the application are likely to exceed the costs recoverable by the person from the respondent, 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.
(3) On an application under this section, the Court may also make any other order it thinks just.