VICIn ForceAct
Supreme Court Act 1986
33KCauses of action accruing after commencement
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33K Causes of action accruing after commencement
(1) The Court may, at any stage of a group proceeding on application made by the plaintiff, give leave to amend the writ commencing the group proceeding so as to alter the description of the group.
(2) The description of the group may be altered so as to include a person—
(a) whose cause of action accrued after the commencement of the group proceeding but before such date as the Court fixes when giving leave; and
(b) who would have been included in the group or, with the consent of the person would have been included in the group, if the cause of action had accrued before the commencement of the proceeding.
(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.
(4) If the Court gives leave under subsection (1), it may also make any other orders it thinks just, including an order relating to the giving of notice to persons who, as a result of the amendment, will be included in the group and the date before which such persons may opt out of the proceeding.
S. 33KA inserted by No. 78/2000 s. 13.
33KA Court powers concerning group membership
(1) On the application of a party to a group proceeding or of its own motion, the Court may at any time, whether before or after judgment, order—
(a) that a person cease to be a group member;
(b) that a person not become a group member.
(2) The Court may make an order under subsection (1) if of the opinion that—
(a) the person does not have sufficient connection with Australia to justify inclusion as a group member; or
(b) for any other reason it is just or expedient that the person should not be or should not become a group member.
(3) If the Court orders that a person cease to be a group member, then, if the Court so orders, the person must be taken never to have been a group member.
S. 33L inserted by No. 78/2000 s. 13.