Commonwealth Consolidated Acts

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FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 33K

Causes of action accruing after commencement of representative proceeding

  (1)   The Court may at any stage of a representative proceeding, on application made by the representative party, give leave to amend the application commencing the representative proceeding so as to alter the description of the group.

  (2)   The description of the group may be altered so as to include a person:

  (a)   whose cause of action accrued after the commencement of the representative proceeding but before such date as the Court fixes when giving leave; and

  (b)   who would have been included in the group, or, with the consent of the person would have been included in the group, if the cause of action had accrued before the commencement of the proceeding.

  (3)   The date mentioned in paragraph   (2)(a) may be the date on which leave is given or another date before or after that date.

  (4)   Where the Court gives leave under subsection   (1), it may also make any other orders it thinks just, including an order relating to the giving of notice to persons who, as a result of the amendment, will be included in the group and the date before which such persons may opt out of the proceeding.


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