174Settlement of individual claim of representative party

#### 174 Settlement of individual claim of representative party 174 Settlement of individual claim of representative party (cf s33W FCA) > > (1) A representative party may, with the leave of the Court, settle the party’s individual claim in whole or in part at any stage of the representative proceedings. > > > (2) A representative party who is seeking leave to settle, or who has settled, the party’s individual claim may, with the leave of the Court, withdraw as representative party. > > > (3) If a person has sought leave to withdraw as representative party under subsection (2), the Court may, on application by a group member, make an order for the substitution of another group member as representative party and may make such other orders as it thinks fit. > > > (4) Before granting a person leave to withdraw as a representative party— > > > > > (a) the Court must be satisfied that notice of the application has been given to group members in accordance with section 175 (1) and in sufficient time for them to apply to have another person substituted as the representative party, and > > > > > (b) any application for the substitution of another group member as a representative party must have been determined. > > **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 174:** Ins 2010 No 135, Sch 6.1 \[2\].