Queensland Consolidated Acts

CIVIL PROCEEDINGS ACT 2011 - SECT 103B

103B Starting proceeding

(1) A proceeding may be started under this part if—

(a) 7 or more persons have claims against the same person; and

(b) the claims of all the persons are in respect of, or arise out of, the same, similar or related circumstances; and

(c) the claims of all the persons give rise to a substantial common issue of law or fact.

(2) The proceeding may be started by 1 or more of the persons on behalf of some or all of the other persons.

(3) The proceeding may be started—

(a) whether or not the relief sought—

(i) is, or includes, equitable relief; or

(ii) consists of, or includes, damages; or

(iii) includes claims for damages that would require individual assessment; or

(iv) is the same for each person represented; and

(b) whether or not the proceeding—

(i) is concerned with separate contracts or transactions between the defendant and individual group members; or

(ii) involves separate acts or omissions of the defendant done or omitted to be done in relation to individual group members.