157Commencement of representative proceedings

#### 157 Commencement of representative proceedings 157 Commencement of representative proceedings (cf s33C FCA) > > (1) Subject to this Part, where— > > > > > (a) 7 or more persons have claims against the same person, and > > > > > (b) the claims of all those persons are in respect of, or arise out of, the same, similar or related circumstances, and > > > > > (c) the claims of all those persons give rise to a substantial common question of law or fact, > > > > proceedings may be commenced by one or more of those persons as representing some or all of them. > > > (2) Representative proceedings may be commenced— > > > > > (a) whether or not the relief sought— > > > > > > > (i) is, or includes, equitable relief, or > > > > > > > (ii) consists of, or includes, damages, or > > > > > > > (iii) includes claims for damages that would require individual assessment, or > > > > > > > (iv) is the same for each person represented, and > > > > > (b) whether or not the proceedings— > > > > > > > (i) are concerned with separate contracts or transactions between the defendant in the proceedings and individual group members, or > > > > > > > (ii) involve separate acts or omissions of the defendant done or omitted to be done in relation to individual group members. > > **pt 2A, divs 1–6 (ss 18A–18O):** Ins 2010 No 135, Sch 6.2 \[2\]. Rep 2013 No 1, Sch 1.6 \[2\]. > > **s 157:** Ins 2010 No 135, Sch 6.1 \[2\].