New South Wales Consolidated Acts

CIVIL PROCEDURE ACT 2005 - SECT 176

176 Notices under section 175

(cf s33Y FCA)

(1) The form and content of a notice under section 175 must be approved by the Court.

(2) The Court must, by order, specify--

(a) who is to give the notice, and

(b) the way in which the notice is to be given.

(3) An order under subsection (2) may also include provision--

(a) directing a party to provide information relevant to the giving of the notice, and

(b) relating to the costs of giving notice.

(4) An order under subsection (2) may require that notice be given by means of press advertisement, radio or television broadcast, or by any other means.

(5) The Court may not order that notice be given personally to each group member unless it is satisfied that it is reasonably practicable, and not unduly expensive, to do so.

(6) A notice that concerns a matter for which the Court's leave or approval is required must specify the period within which a group member or other person may apply to the Court, or take some other step, in relation to the matter.

(7) A notice that includes or concerns conditions must specify the conditions and the period, if any, for compliance.

(8) The failure of a group member to receive or respond to a notice does not affect a step taken, an order made, or a judgment given, in any proceedings.