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CIVIL PROCEDURE ACT 2005 - SECT 174
Settlement of individual claim of representative party
(cf s33W FCA)
(1) A representative party may, with the leave of the Court,
settle the party's individual claim in whole or in part at any stage of the
representative proceedings.
(2) A representative party who is seeking leave
to settle, or who has settled, the party's individual claim may, with the
leave of the Court, withdraw as representative party.
(3) If a person has
sought leave to withdraw as representative party under subsection (2), the
Court may, on application by a group member, make an order for the
substitution of another group member as representative party and may make such
other orders as it thinks fit.
(4) Before granting a person leave to withdraw
as a representative party-- (a) the Court must be satisfied that notice of the
application has been given to group members in accordance with section 175 (1)
and in sufficient time for them to apply to have another person substituted as
the representative party, and
(b) any application for the substitution of
another group member as a representative party must have been determined.
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