QLDIn ForceAct
Civil Proceedings Act 2011
sec.103SSettlement of individual claim of representative party
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### sec.103S Settlement of individual claim of representative party
A representative party may, with the leave of the court, settle the party’s individual claim in whole or part at any stage of the representative proceeding.
A representative party seeking leave to settle, or who has settled, the party’s individual claim may, with leave of the court, withdraw as the representative party.
If a representative party seeks leave to withdraw under subsection (2) , the court may, on the application of a group member, make—
an order for the substitution of a group member as the representative party; and
any other orders in relation to the substitution it considers appropriate.
Before a representative party may be granted leave to withdraw under subsection (2) —
the court must be satisfied that notice of the application has been given to group members under section 103T in sufficient time for a group member to apply under subsection (3) to have someone substituted as the representative party; and
any application for the substitution of a group member as representative party must have been decided.
s 103S ins 2016 No. 59 s 10
(sec.103S-ssec.1) A representative party may, with the leave of the court, settle the party’s individual claim in whole or part at any stage of the representative proceeding.
(sec.103S-ssec.2) A representative party seeking leave to settle, or who has settled, the party’s individual claim may, with leave of the court, withdraw as the representative party.
(sec.103S-ssec.3) If a representative party seeks leave to withdraw under subsection (2) , the court may, on the application of a group member, make— an order for the substitution of a group member as the representative party; and any other orders in relation to the substitution it considers appropriate.
(sec.103S-ssec.4) Before a representative party may be granted leave to withdraw under subsection (2) — the court must be satisfied that notice of the application has been given to group members under section 103T in sufficient time for a group member to apply under subsection (3) to have someone substituted as the representative party; and any application for the substitution of a group member as representative party must have been decided.
- (a) an order for the substitution of a group member as the representative party; and
- (b) any other orders in relation to the substitution it considers appropriate.
- (a) the court must be satisfied that notice of the application has been given to group members under section 103T in sufficient time for a group member to apply under subsection (3) to have someone substituted as the representative party; and
- (b) any application for the substitution of a group member as representative party must have been decided.