Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 33ZC

  (1)   The following appeals under Division   2 of Part   III from a judgment of the Court in a representative proceeding may themselves be brought as representative proceedings:

  (a)   an appeal by the representative party on behalf of group members and in respect of the judgment to the extent that it relates to issues common to the claims of group members;

  (b)   an appeal by a sub - group representative party on behalf of sub - group members in respect of the judgment to the extent that it relates to issues common to the claims of sub - group members.

  (2)   The parties to an appeal referred to in paragraph   (1)(a) are the representative party, as the representative of the group members, and the respondent.

  (3)   The parties to an appeal referred to in paragraph   (1)(b) are the sub - group representative party, as the representative of the sub - group members, and the respondent.

  (4)   On an appeal by the respondent in a representative proceeding, other than an appeal referred to in subsection   (5), the parties to the appeal are:

  (a)   in the case of an appeal in respect of the judgment generally--the respondent and the representative party as the representative of the group members; and

  (b)   in the case of an appeal in respect of the judgment to the extent that it relates to issues common to the claims of sub - group members--the respondent and the sub - group representative party as the representative of the sub - group members.

  (5)   The parties to an appeal in respect of the determination of an issue that relates only to a claim of an individual group member are that group member and the respondent.

  (6)   If the representative party or the sub - group representative party does not bring an appeal within the time provided for instituting appeals, another member of the group or sub - group may, within a further 21 days, bring an appeal as representing the group members or sub - group members, as the case may be.

  (7)   Where an appeal is brought from a judgment of the Court in a representative proceeding, the Court may direct that notice of the appeal be given to such person or persons, and in such manner, as the Court thinks appropriate.

  (8)   Section   33J does not apply to an appeal proceeding.

  (9)   The notice instituting an appeal in relation to issues that are common to the claims of group members or sub - group members must describe or otherwise identify the group members or sub - group members, as the case may be, but need not specify the names or number of those members.