Discussion Paper - Law Reform Commission of Western Australia

Other issues
6.31 The Commission has noted a number of areas that may be the subject of
submissions, or may be desirable improvements on Part IVA. Issues upon which the
Commission invites interested parties to comment upon include:
A
B
C
D
The possible need for codification of the role of the representative plaintiff
and requirements for removal of a representative plaintiff: see [3.25]–[3.28].
The suspension of limitation periods and the status of class members’ claims
in the event a class is disbanded by order of the court: see[4.4].
Whether there should be a more prescriptive legislative framework in relation
to security for costs in representative proceedings: see [3.48]–[3.54].
Whether the impact of proportionate liability legislation as enshrined in
the Civil Liability Act (WA) could produce anomalous results in relation to
the issue of whether every group member must have a claim against each named
respondent: see [3.37]–[3.40] and [4.15]–[4.17].
E
In relation to notification to claimants giving them the ability to opt out
of a representative proceeding, are more prescriptive provisions required in
order to ensure class members are aware of their right to opt out of a representative
proceeding: see [4.29]–[4.40].
F
Section 33V in its current form contains no statutory guidance or criteria that
a court should take into account when considering whether to approve the
settlement or discontinuance of an action: see [4.41]–[4.47]. Should the provision
in its present form be amended to include formal criteria a court should take into
account when deciding to approve the finalisation of a representative proceeding
Should interested parties feel that other issues relating to the current composition
of Part IVA proceedings be brought to the attention of the Commission, they are
encouraged to make submissions in relation to same.
Submissions to the Law Reform Commission
6.32 Submissions may be made by telephone, fax, letter or email to the address
below. Those who wish to request a meeting with the Commission may telephone
for an appointment.
Law Reform Commission of Western Australia
Level 3, BGC Centre
28 The Esplanade, Perth WA 6000
Telephone: (08) 9321 4833
Facsimile: (08) 9321 5833
Email: lrcwa@justice.wa.gov.au
Submissions received by 31 May 2013 will be considered by the Commission in the
preparation of its Final Report.
98 Law Reform Commission of Western Australia – Representative Proceedings : Discussion Paper