Discussion Paper - Law Reform Commission of Western Australia

More documents

Recommendations

Info

33ZG Order may specify a date by which group members must take a step Without limiting the operation of section 33ZF, an order made under that section may— (a) (b) set out a step that group members or a specified class of group members must take to be entitled to— (i) any relief under section 33Z; or (ii) any payment out of a fund constituted under section 33ZA; or (iii) obtain any other benefit arising out of the proceeding— irrespective of whether the Court has made a decision on liability or there has been an admission by the defendant on liability; specify a date after which, if the step referred to in paragraph (a) has not been taken by a group member to whom the order applies, the group member is not entitled to any relief or payment or to obtain any other benefit referred to in that paragraph. 33ZH Order in event of decision or admission on liability (1) Without limiting the operation of sections 33ZF and 33ZG, if the Court has made a decision on liability or there has been an admission by the defendant on liability, an order made under section 33ZF may require notice of that decision or admission to be given to group members or a specified class of group members. (2) Subject to subsection (3), the form and content of the notice must be approved by the Court. (3) If the Court has made an order of a kind referred to in section 33ZG, the notice must set out the effect of the order. (4) An order under section 33ZF may require that a notice referred to in this section be given by means of press advertisement, radio or television broadcast, or by any other means. 33ZJ Reimbursement of plaintiff’s costs (1) If the Court has made an award of damages in a group proceeding, the plaintiff or a sub-group representative party, or a person who has been a plaintiff or such a party, may apply to the Court for an order under this section. (2) If, on an application under this section, the Court is satisfied that the costs reasonably incurred in relation to the group proceeding by the person making the application are likely to exceed the costs recoverable by the person from the defendant, the Court may order that an amount equal to the whole or a part of the excess be paid to that person out of the damages awarded. 33ZK Transitional provisions A proceeding commenced under Rule 18A.03 of the Supreme Court (General Civil Procedure) Rules 1996 on or after 1 January 2000 and before the passing of the Courts and Tribunals Legislation (Miscellaneous Amendments) Act 2000 must be taken for all purposes to have been commenced under this Part on the day on which it was commenced under that Rule. 122 Law Reform Commission of Western Australia – Representative Proceedings : Discussion Paper
Civil Procedure Act 2005 (NSW) Part 10—Representative proceedings in Supreme Court Division 1—Preliminary 155 Definitions (cf s33A FCA) In this Part: Court means the Supreme Court. defendant means a person against whom relief is sought in representative proceedings. group member means a member of a group of persons on whose behalf representative proceedings have been commenced. proceedings means proceedings in the Court other than criminal proceedings. representative party means a person who commences representative proceedings. representative proceedings—see section 157. sub-group member means a person included in a sub-group established under section 168. sub-group representative party means a person appointed to be a sub-group representative party under section 168. Note. For the purposes of comparison, a number of provisions of this Part contain bracketed notes in headings drawing attention (“cf”) to equivalent or comparable (though not necessarily identical) provisions of Part IVA of the Federal Court of Australia Act 1976 (‘FCA’) of the Commonwealth as in force immediately before the commencement of this Part. 156 Application This Part applies to proceedings commenced after the commencement of this section, whether the cause of action arose before or arises after that commencement. Division 2—Commencement of representative proceedings 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. (2) Representative proceedings may be commenced: Appendices 123
Page 1 and 2:
Representative Proceedings Discussi
Page 3 and 4:
Contents Acknowledgements v Chapter
Page 5 and 6:
Acknowledgements AUTHOR: Tim Hammon
Page 7 and 8:
Chapter 1 Introduction 1
Page 9 and 10:
Introduction Terms of Reference 1.1
Page 11 and 12:
1.8 In Esanda Finance Corporation L
Page 13 and 14:
is to consider the numbers of repre
Page 15 and 16:
cartel actions (enforcing competiti
Page 17 and 18:
Chapter 2 Representative Proceeding
Page 19 and 20:
Representative proceedings in Weste
Page 21 and 22:
plaintiffs, who sought to register
Page 23 and 24:
2.20 As well as the deficiencies id
Page 25 and 26:
2.25 After reviewing the authoritie
Page 27 and 28:
Chapter 3 Representative Proceeding
Page 29 and 30:
Introduction 3.1 The terms of refer
Page 31 and 32:
3.6 Sections 34 and 35 were introdu
Page 33 and 34:
Part 10 of the New South Wales legi
Page 35 and 36:
3.27 While s 33T of the Federal Cou
Page 37 and 38:
(e) Guiglielmin v Trescowthick (No
Page 39 and 40:
ordered to provide security for cos
Page 41 and 42:
Traditional proceedings Queensland
Page 43 and 44:
could have been party to proceeding
Page 45 and 46:
of the Supreme Court Rules in 1987.
Page 47 and 48:
Chapter 4 Comparison of Models 41
Page 49 and 50:
Comparison of legislative rules-bas
Page 51 and 52:
(c) unless the court otherwise orde
Page 53 and 54:
The question whether the claims of
Page 55 and 56:
(Cth)’. 23 Ultimately, the ‘opt
Page 57 and 58:
4.43 The relevant legislative provi
Page 59 and 60:
Interlocutory disputes party may de
Page 61 and 62:
for reasons as expressed in relatio
Page 63 and 64:
Chapter 5 Overseas Models 57
Page 65 and 66:
United States of America 74 The cur
Page 67 and 68:
Group litigation regime Current fra
Page 69 and 70:
Consistency with the overriding obj
Page 71 and 72:
5.25 One well known but ultimately
Page 73 and 74:
5.35 Thirdly, there are a number of
Page 75 and 76:
Settlement and remedies 5.43 Action
Page 77 and 78: NEW ZEALAND 5.52 Rule 4.24 of the H
Page 79 and 80: (c) (d) 5.62 Courts to receive addi
Page 81 and 82: 5.70 There is no restriction on the
Page 83 and 84: Commonality requirement Typicality
Page 85 and 86: 5.84 Although it is not expressly s
Page 87 and 88: Case examples to assess the impact
Page 89 and 90: protects absent class members and t
Page 91 and 92: Features of the regime Commencement
Page 93 and 94: Summary 5.123 What can we draw from
Page 95 and 96: Chapter 6 Proposed Reform 89
Page 97 and 98: The shape of reform 6.1 The Commiss
Page 99 and 100: A prudent approach 6.9 Notwithstand
Page 101 and 102: in attempting to embrace the proced
Page 103 and 104: Proposal for a legislative scheme i
Page 105 and 106: Appendices 99
Page 107 and 108: Appendix 1: Representative proceedi
Page 109 and 110: 33H Originating process (1) An appl
Page 111 and 112: (a) (b) the proceeding may be conti
Page 113 and 114: Division 4—Judgment etc. (3) If t
Page 115 and 116: (4) The Court may allow a group mem
Page 117 and 118: (i) (ii) vexatious litigants (howev
Page 119 and 120: (c) the claims of all those persons
Page 121 and 122: 33K Causes of action accruing after
Page 123 and 124: (3) If the Court appoints a person
Page 125 and 126: Division 4—Judgment, etc. (4) The
Page 127: Division 6—Miscellaneous common t
Page 131 and 132: 160 Persons under legal incapacity
Page 133 and 134: (a) the costs that would be incurre
Page 135 and 136: Division 3—Notices 174 Settlement
Page 137 and 138: (3) Subject to section 173, the Cou
Page 139 and 140: 182 Suspension of limitation period
Page 141 and 142: Appendix 2: Representative action p
Page 143 and 144: 9.33 Person may give consent to be
Page 145 and 146: (b) (c) define the nature of the cl
Page 147 and 148: (a) (b) damages which would require
Page 149 and 150: (4A) If it appears to the court tha
Page 151 and 152: Tasmania Supreme Court Rules 2000 (
Page 153 and 154: 266 Representation—numerous concu
Page 155 and 156: Appendix 3: Stakeholders consulted
show all

Discussion Paper - Law Reform Commission of Western Australia

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?