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 \[2\].