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9 Pages • Topic Notes • Year: Pre-2021
I. Commencement Civil Procedure Act 2005 (NSW) S 157 Commencement of representative proceedings (cf s33C FCA) (1) Subject to this Part, where: (a) 7 or more persons have claims against the same person, and (b) the claims of all those persons are in respect of, or arise out of, the same, similar or related circumstances, and (c) the claims of all those persons give rise to a substantial common question of law or fact, proceedings may be commenced by one or more of those persons as representing some or all of them. S 158 Standing (cf s33D FCA) (2) The person may commence representative proceedings on behalf of other persons against more than one defendant irrespective of whether or not the person and each of those persons have a claim against every defendant in the proceedings. (* after Philip Morris case, the law reform proposals to alter the position have been raised, and in NSW, given effect through s 158 (2) of the CPA --> to supplement s 157 (1) (a))
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