Civil Procedure Act 2005
167Effect of discontinuance order under this Part
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167 Effect of discontinuance order under this Part
167 Effect of discontinuance order under this Part
(cf s33P FCA)
(1) If the Court makes an order under section 164, 165 or 166 that proceedings no longer continue under this Part—
(a) the proceedings may be continued as proceedings by the representative party on the party’s own behalf against the defendant, and
(b) on the application of a person who was a group member for the purposes of the proceedings, the Court may order that the person be joined as an applicant in the proceedings.
(2) In this section—
applicant, in relation to proceedings, includes a claimant or plaintiff (as the case may be) in the proceedings.
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 167: Ins 2010 No 135, Sch 6.1 [2].