QLDIn ForceAct
Civil Proceedings Act 2011
sec.103BStarting proceeding
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### sec.103B Starting proceeding
A proceeding may be started under this part if—
7 or more persons have claims against the same person; and
the claims of all the persons are in respect of, or arise out of, the same, similar or related circumstances; and
the claims of all the persons give rise to a substantial common issue of law or fact.
The proceeding may be started by 1 or more of the persons on behalf of some or all of the other persons.
The proceeding may be started—
whether or not the relief sought—
is, or includes, equitable relief; or
consists of, or includes, damages; or
includes claims for damages that would require individual assessment; or
is the same for each person represented; and
whether or not the proceeding—
is concerned with separate contracts or transactions between the defendant and individual group members; or
involves separate acts or omissions of the defendant done or omitted to be done in relation to individual group members.
s 103B ins 2016 No. 59 s 10
(sec.103B-ssec.1) A proceeding may be started under this part if— 7 or more persons have claims against the same person; and the claims of all the persons are in respect of, or arise out of, the same, similar or related circumstances; and the claims of all the persons give rise to a substantial common issue of law or fact.
(sec.103B-ssec.2) The proceeding may be started by 1 or more of the persons on behalf of some or all of the other persons.
(sec.103B-ssec.3) The proceeding may be started— whether or not the relief sought— is, or includes, equitable relief; or consists of, or includes, damages; or includes claims for damages that would require individual assessment; or is the same for each person represented; and whether or not the proceeding— is concerned with separate contracts or transactions between the defendant and individual group members; or involves separate acts or omissions of the defendant done or omitted to be done in relation to individual group members.
- (a) 7 or more persons have claims against the same person; and
- (b) the claims of all the persons are in respect of, or arise out of, the same, similar or related circumstances; and
- (c) the claims of all the persons give rise to a substantial common issue of law or fact.
- (a) whether or not the relief sought— (i) is, or includes, equitable relief; or (ii) consists of, or includes, damages; or (iii) includes claims for damages that would require individual assessment; or (iv) is the same for each person represented; and
- (i) is, or includes, equitable relief; or
- (ii) consists of, or includes, damages; or
- (iii) includes claims for damages that would require individual assessment; or
- (iv) is the same for each person represented; and
- (b) whether or not the proceeding— (i) is concerned with separate contracts or transactions between the defendant and individual group members; or (ii) involves separate acts or omissions of the defendant done or omitted to be done in relation to individual group members.
- (i) is concerned with separate contracts or transactions between the defendant and individual group members; or
- (ii) involves separate acts or omissions of the defendant done or omitted to be done in relation to individual group members.
- (i) is, or includes, equitable relief; or
- (ii) consists of, or includes, damages; or
- (iii) includes claims for damages that would require individual assessment; or
- (iv) is the same for each person represented; and
- (i) is concerned with separate contracts or transactions between the defendant and individual group members; or
- (ii) involves separate acts or omissions of the defendant done or omitted to be done in relation to individual group members.