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].