Discussion Paper - Law Reform Commission of Western Australia

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NORTHERN TERRITORY (c) any of the proceedings be stayed until any other of the proceedings have been decided. Note: Consolidation results in the proceedings becoming a single proceeding and, for example, only 1 judgment is given in the consolidated proceeding. (3) The court may make an order under this rule on application by a party to any of the proceedings or on its own initiative. Note 1: Pt 6.2 (Applications in proceedings) applies to an application for an order or direction under this rule. Note 2: Rule 6901 (Orders may be made on conditions) provides that the court may make an order under these rules on any conditions it considers appropriate. (4) If the court orders that proceedings be consolidated or heard together or in a particular sequence, it may give the directions it considers appropriate for the conduct of the proceeding or proceedings. (5) Before or during the hearing of a consolidated hearing or of hearings ordered to be heard together or in a particular sequence, the court may order that the proceedings be separated or heard in another sequence. Supreme Court Rules (NT) – Rules 18.01–18.04 18.01 Application This Order applies where numerous persons have the same interest in a proceeding, but does not apply to a proceeding concerning: (a) the administration of the estate of a deceased person; or (b) 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 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 one or more of: (a) the defendants; or (b) 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, it shall make an order under rule 9.06 adding the person as a defendant. 18.04 Effect of judgment (1) A judgment given or order made in a proceeding to which this Order applies binds the parties and all persons as representing whom the parties sue or are sued, as the case may be. (2) The judgment or order shall not be enforced against a person who is not a party, except by leave of the Court. (3) An application for leave shall be made by summons served personally on the person against whom enforcement of the judgment or order is sought. 148 Law Reform Commission of Western Australia – Representative Proceedings : Discussion Paper
Appendix 3: Stakeholders consulted The Commission notified many potential stakeholders that it was drafting this Discussion Paper. The list of stakeholders is set out below. While many of those stakeholders indicated a preference to respond once the Paper was published, the Commission is grateful for the views of those listed below, all of whom discussed general matters relating to representative proceedings and representative actions with Mr Hammond. Mr Gary Berson, Partner, Clayton Utz Dr Peter Cashman, Barrister, Kim Santow Chair in Law and Social Justice, University of Sydney Mr Malcolm Cooke, Partner, Freehills Mr James Higgins, General Manager Melbourne, Commercial and Project Litigation Claims, Slater & Gordon Mr Rod Hogdson, Partner, Maurice Blackburn (Qld) Justice Anna Katzman, Federal Court of Australia Chief Justice Wayne Martin, Supreme Court of Western Australia Mr Hugh McLernon, Managing Director, IMF Limited Professor Vincent Morabito, Department of Business Law and Taxation, Monash University. Justice Bernard Murphy, Justice of the Federal Court of Australia Mr Andrew Watson, Partner, Maurice Blackburn Appendices 149
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Representative Proceedings Discussi
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Contents Acknowledgements v Chapter
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Acknowledgements AUTHOR: Tim Hammon
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Chapter 1 Introduction 1
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Introduction Terms of Reference 1.1
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1.8 In Esanda Finance Corporation L
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is to consider the numbers of repre
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cartel actions (enforcing competiti
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Chapter 2 Representative Proceeding
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Representative proceedings in Weste
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plaintiffs, who sought to register
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2.20 As well as the deficiencies id
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2.25 After reviewing the authoritie
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Chapter 3 Representative Proceeding
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Introduction 3.1 The terms of refer
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3.6 Sections 34 and 35 were introdu
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Part 10 of the New South Wales legi
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3.27 While s 33T of the Federal Cou
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(e) Guiglielmin v Trescowthick (No
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ordered to provide security for cos
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Traditional proceedings Queensland
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could have been party to proceeding
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of the Supreme Court Rules in 1987.
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Chapter 4 Comparison of Models 41
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Comparison of legislative rules-bas
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(c) unless the court otherwise orde
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The question whether the claims of
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(Cth)’. 23 Ultimately, the ‘opt
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4.43 The relevant legislative provi
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Interlocutory disputes party may de
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for reasons as expressed in relatio
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Chapter 5 Overseas Models 57
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United States of America 74 The cur
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Group litigation regime Current fra
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Consistency with the overriding obj
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5.25 One well known but ultimately
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5.35 Thirdly, there are a number of
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Settlement and remedies 5.43 Action
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NEW ZEALAND 5.52 Rule 4.24 of the H
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(c) (d) 5.62 Courts to receive addi
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5.70 There is no restriction on the
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Commonality requirement Typicality
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5.84 Although it is not expressly s
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Case examples to assess the impact
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protects absent class members and t
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Features of the regime Commencement
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Summary 5.123 What can we draw from
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Chapter 6 Proposed Reform 89
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The shape of reform 6.1 The Commiss
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A prudent approach 6.9 Notwithstand
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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 and 128: Division 6—Miscellaneous common t
Page 129 and 130: Civil Procedure Act 2005 (NSW) Part
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: 266 Representation—numerous concu
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Discussion Paper - Law Reform Commission of Western Australia

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