Discussion Paper - Law Reform Commission of Western Australia

9.33 Person may give consent to be a group member
A person mentioned in section 33E (2) of the Act may give consent to be a group
member, in accordance with Form 20.
9.34 Opt out notices
An opt out notice under section 33J (2) of the Act must be in accordance with Form
21.
Note: A group member may opt out in accordance with section 33J of the Act.
9.35 Application for order relating to the procedure to be followed in a
representative proceeding
(1) A party may apply to the Court for an order under section 33K, 33W, 33X or
33ZA of the Act, in accordance with Form 22.
(2) An application for an order under subrule (1) must be accompanied by an
affidavit stating:
(a) the identity of the group members; and
(b) the whereabouts of the group members; and
(c) the means by which a notice is most likely to come to the attention of
the group members.
VICTORIA
Supreme Court (General Civil Procedure) Rules 2005 (Vic) – Order 18
Order 18—Representative proceeding
18.01 Application
This Order applies where numerous persons have the same interest in any proceeding,
but does not apply to—
(a)
(b)
a proceeding under Part 4A of the Act;
a proceeding concerning—
(i) the administration of the estate of a deceased person; or
(ii) property subject to a trust.
18.02 Proceeding by or against representative
A proceeding may be commenced, and, unless the Court otherwise orders, continued,
by or against any one or more persons having the same interest as representing some
or all of them.
18.03 Order for representation by defendant
(1) At any stage of a proceeding under Rule 18.02 against one or more persons
having the same interest, the Court may appoint any one or more of the
defendants or the persons as representing whom the defendants are sued to
represent some or all of those persons in the proceeding.
(2) Where the Court appoints a person who is not a defendant, the Court shall
make an order under Rule 9.06 adding that person as a defendant.
Appendices 137