NSWIn ForceAct
Civil Procedure Act 2005
176Notices under section 175
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#### 176 Notices under section 175
176 Notices under section 175
(cf s33Y FCA)
> > (1) The form and content of a notice under section 175 must be approved by the Court.
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> > (2) The Court must, by order, specify—
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> > > (a) who is to give the notice, and
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> > > (b) the way in which the notice is to be given.
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> > (3) An order under subsection (2) may also include provision—
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> > > (a) directing a party to provide information relevant to the giving of the notice, and
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> > > (b) relating to the costs of giving notice.
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> > (4) An order under subsection (2) may require that notice be given by means of press advertisement, radio or television broadcast, or by any other means.
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> > (5) The Court may not order that notice be given personally to each group member unless it is satisfied that it is reasonably practicable, and not unduly expensive, to do so.
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> > (6) A notice that concerns a matter for which the Court’s leave or approval is required must specify the period within which a group member or other person may apply to the Court, or take some other step, in relation to the matter.
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> > (7) A notice that includes or concerns conditions must specify the conditions and the period, if any, for compliance.
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> > (8) The failure of a group member to receive or respond to a notice does not affect a step taken, an order made, or a judgment given, in any proceedings.
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> **pt 2A, divs 1–6 (ss 18A–18O):** Ins 2010 No 135, Sch 6.2 \[2\]. Rep 2013 No 1, Sch 1.6 \[2\].
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> **s 176:** Ins 2010 No 135, Sch 6.1 \[2\].