Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


3. New Order 73
  3.1   After Order 72, insert:


"1. (1) In this Order, unless the contrary intention appears:
'application for an order involving notice' means an application for an order
under section 33K, 33W, 33X or 33ZA of the Act in relation to which the Court
may require notice to be given to group members;
'opt out notice' means a notice under section 33J of the Act.

"(2) An expression used in this Order that is defined for the purposes of Part
IVA of the Act has the same meaning in this Order as it has in that Part.
Application of Order

"2. This Order applies to the commencement of representative proceedings and,
as far as practicable, to the conduct of those proceedings. Commencement of

"3. Representative proceedings must be commenced by filing an application in
accordance with Form 129. Consent to be a group member

"4. A person referred to in subsection 33E (2) of the Act may give consent to
be a group member in accordance with Form 130. Applications for orders
involving notice

"5. (1) An application for an order involving notice must be made by notice of

"(2) The notice of motion must:

   (a)  have attached a supporting affidavit that sets out to the best
        information, knowledge and belief of the applicant:

        (i)    the identity or description of the group members; and

        (ii)   the wherabouts of the group members; and

        (iii)  the means by which a notice ordered by the Court is most likely
               to come to the attention of the group members; and

   (b)  be served on all other parties. Opt out notices

"6. An opt out notice filed under section 33J of the Act may be in accordance
with Form 131.". 

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback