Commonwealth Consolidated Acts

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FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 33X

Notice to be given of certain matters

  (1)   Notice must be given to group members of the following matters in relation to a representative proceeding:

  (a)   the commencement of the proceeding and the right of the group members to opt out of the proceeding before a specified date, being the date fixed under subsection   33J(1);

  (b)   an application by the respondent in the proceeding for the dismissal of the proceeding on the ground of want of prosecution;

  (c)   an application by a representative party seeking leave to withdraw under section   33W as representative party.

  (2)   The Court may dispense with compliance with any or all of the requirements of subsection   (1) where the relief sought in a proceeding does not include any claim for damages.

  (3)   If the Court so orders, notice must be given to group members of the bringing into Court of money in answer to a cause of action on which a claim in the representative proceeding is founded.

  (4)   Unless the Court is satisfied that it is just to do so, an application for approval of a settlement under section   33V must not be determined unless notice has been given to group members.

  (5)   The Court may, at any stage, order that notice of any matter be given to a group member or group members.

  (6)   Notice under this section must be given as soon as practicable after the happening of the event to which the notice relates.


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