- Page 1 and 2: Representative Proceedings Discussi
- Page 3 and 4: Contents Acknowledgements v Chapter
- Page 5: Acknowledgements AUTHOR: Tim Hammon
- 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
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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
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Proposal for a legislative scheme i
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Appendices 99
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Appendix 1: Representative proceedi
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33H Originating process (1) An appl
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(a) (b) the proceeding may be conti
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Division 4—Judgment etc. (3) If t
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(4) The Court may allow a group mem
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(i) (ii) vexatious litigants (howev
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(c) the claims of all those persons
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33K Causes of action accruing after
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(3) If the Court appoints a person
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Division 4—Judgment, etc. (4) The
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Division 6—Miscellaneous common t
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Civil Procedure Act 2005 (NSW) Part
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160 Persons under legal incapacity
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(a) the costs that would be incurre
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Division 3—Notices 174 Settlement
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(3) Subject to section 173, the Cou
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182 Suspension of limitation period
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Appendix 2: Representative action p
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9.33 Person may give consent to be
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(b) (c) define the nature of the cl
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(a) (b) damages which would require
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(4A) If it appears to the court tha
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Tasmania Supreme Court Rules 2000 (
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266 Representation—numerous concu
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Appendix 3: Stakeholders consulted