QLDIn ForceAct
Civil Proceedings Act 2011
sec.103TWhen notice must be given
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### sec.103T When notice must be given
Notice must be given to group members of the following matters in relation to a representative proceeding—
the starting of the proceeding and the right of the group members to opt out of the proceeding before the date fixed by the court under section 103G ;
an application by the defendant for the dismissal of the proceeding on the ground of want of prosecution;
an application by a representative party seeking leave to withdraw under section 103S as representative party.
The court may dispense with a requirement of subsection (1) if the relief sought in the representative proceeding does not include a claim for damages.
If the court orders, notice must be given to group members of the payment into court of money in answer to a cause of action on which a claim in the representative proceeding is based.
Unless the court considers it just, an application for approval of a settlement under section 103R must not be decided unless notice has been given to group members in the representative proceeding.
The court may, at any stage, order that notice of any matter be given to a group member or group members.
Notice under this section must be given as soon as practicable after the happening of the event to which it relates.
s 103T ins 2016 No. 59 s 10
(sec.103T-ssec.1) Notice must be given to group members of the following matters in relation to a representative proceeding— the starting of the proceeding and the right of the group members to opt out of the proceeding before the date fixed by the court under section 103G ; an application by the defendant for the dismissal of the proceeding on the ground of want of prosecution; an application by a representative party seeking leave to withdraw under section 103S as representative party.
(sec.103T-ssec.2) The court may dispense with a requirement of subsection (1) if the relief sought in the representative proceeding does not include a claim for damages.
(sec.103T-ssec.3) If the court orders, notice must be given to group members of the payment into court of money in answer to a cause of action on which a claim in the representative proceeding is based.
(sec.103T-ssec.4) Unless the court considers it just, an application for approval of a settlement under section 103R must not be decided unless notice has been given to group members in the representative proceeding.
(sec.103T-ssec.5) The court may, at any stage, order that notice of any matter be given to a group member or group members.
(sec.103T-ssec.6) Notice under this section must be given as soon as practicable after the happening of the event to which it relates.
- (a) the starting of the proceeding and the right of the group members to opt out of the proceeding before the date fixed by the court under section 103G ;
- (b) an application by the defendant for the dismissal of the proceeding on the ground of want of prosecution;
- (c) an application by a representative party seeking leave to withdraw under section 103S as representative party.