Commonwealth Numbered Regulations

1994 No. 110 INDUSTRIAL RELATIONS COURT RULES - ORDER 6 RULE 13

13. (1) Where numerous persons have the same interest in any proceeding the
proceeding may be commenced, and, unless the Court otherwise orders,
continued, by or against any one or more of them as representing all, or as
representing all except one or more of them.

(2) At any stage of a proceeding under this rule, the Court, on the
application of the applicant, may appoint any one or more of the respondents
or other persons (as representing whom the respondents are sued) to represent
all, or all except one or more, of those persons in the proceeding.

(3) Where, under subrule (2), the Court appoints a person who is not a
respondent, the Court must make an order under rule 8 adding that person as a
respondent.

(4) A judgment pronounced or an order made in a proceeding under this rule is
binding on all the persons as representing whom the applicants sue or, as the
case may be, the respondents are sued, but must not be enforced against any
person not a party to the proceeding except with the leave of the Court.

(5) An application for leave under subrule (4) may be made only by motion,
notice of which must be served personally on the person against whom it is
sought to enforce the judgment or order.

(6) Notwithstanding that a judgment or order to which an application under
subrule (5) relates is binding on the person against whom the application is
made, that person may dispute liability to have the judgment or order enforced
against him or her on the ground that by reason of facts and matters
particular to the case he or she is entitled to be exempted from the
liability.

(7) This rule does not apply to a proceeding concerning property subject to a
trust or included in a deceased estate.