158Standing

158 Standing

158 Standing

(cf s33D FCA)

(1) For the purposes of section 157 (1) (a), a person has a sufficient interest to commence representative proceedings against another person on behalf of other persons if the person has standing to commence proceedings on the person’s own behalf against that other person.

(2) The person may commence representative proceedings on behalf of other persons against more than one defendant irrespective of whether or not the person and each of those persons have a claim against every defendant in the proceedings.

(3) If a person has commenced representative proceedings, that person retains standing—

(a) to continue the proceedings, and

(b) to bring an appeal from a judgment in the proceedings,

even though the person ceases to have a claim against any defendant.

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 158: Ins 2010 No 135, Sch 6.1 [2].