QLDIn ForceAct
Civil Proceedings Act 2011
sec.103HCause of action accruing after representative proceeding started
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### sec.103H Cause of action accruing after representative proceeding started
At any stage of a representative proceeding, on the application of the representative party, the court may give leave to amend the originating process for the proceeding to change the description of the group members.
The description of the group members may be changed to include a person—
whose cause of action accrued after the start of the representative proceeding but before the date fixed by the court when giving leave; and
who would have been a group member or, with the consent of the person would have been a group member, if the cause of action had accrued before the proceeding was started.
The date mentioned in subsection (2) (a) may be the date on which leave is given or another date before or after that date.
If the court gives leave under subsection (1) , the court may also make any other order it considers just, including an order relating to—
the giving of notice to persons who, as a result of the amendment, will be included in the description of group members for the representative proceeding; and
the date before which the persons may opt out of the representative proceeding.
s 103H ins 2016 No. 59 s 10
(sec.103H-ssec.1) At any stage of a representative proceeding, on the application of the representative party, the court may give leave to amend the originating process for the proceeding to change the description of the group members.
(sec.103H-ssec.2) The description of the group members may be changed to include a person— whose cause of action accrued after the start of the representative proceeding but before the date fixed by the court when giving leave; and who would have been a group member or, with the consent of the person would have been a group member, if the cause of action had accrued before the proceeding was started.
(sec.103H-ssec.3) The date mentioned in subsection (2) (a) may be the date on which leave is given or another date before or after that date.
(sec.103H-ssec.4) If the court gives leave under subsection (1) , the court may also make any other order it considers just, including an order relating to— the giving of notice to persons who, as a result of the amendment, will be included in the description of group members for the representative proceeding; and the date before which the persons may opt out of the representative proceeding.
- (a) whose cause of action accrued after the start of the representative proceeding but before the date fixed by the court when giving leave; and
- (b) who would have been a group member or, with the consent of the person would have been a group member, if the cause of action had accrued before the proceeding was started.
- (a) the giving of notice to persons who, as a result of the amendment, will be included in the description of group members for the representative proceeding; and
- (b) the date before which the persons may opt out of the representative proceeding.