175Notice to be given of certain matters

175 Notice to be given of certain matters

175 Notice to be given of certain matters

(cf s33X FCA)

(1) Notice must be given to group members of the following matters in relation to representative proceedings—

(a) the commencement of the proceedings and the right of the group members to opt out of the proceedings before a specified date, being the date fixed under section 162 (1),

(b) an application by the defendant in the proceedings for the dismissal of the proceedings on the ground of want of prosecution,

(c) an application by a representative party seeking leave to withdraw under section 174 as representative party.

(2) The Court may dispense with compliance with any or all of the requirements of subsection (1) if the relief sought in the proceedings does not include any claim for damages.

(3) If the Court so orders, notice must be given to group members of the bringing into Court of money in answer to a cause of action on which a claim in the representative proceedings is founded.

(4) Unless the Court is satisfied that it is just to do so, an application for approval of a settlement under section 173 must not be determined unless notice has been given to group members.

(5) The Court may, at any stage, order that notice of any matter be given to a group member or group members.

(6) Notice under this section must be given as soon as practicable after the happening of the event to which it relates.

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