AustLII Tasmanian Consolidated Acts

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SUPREME COURT CIVIL PROCEDURE ACT 1932 - SECT 66

Division 2 - Commencement of representative proceedings Commencement of representative proceedings

(1)  Subject to this Part, if –
(a) 7 or more persons have claims against the same person; and
(b) the claims of all those persons are in respect of, or arise out of, the same, similar or related circumstances; and
(c) the claims of all those persons give rise to a substantial common question of law or fact –
proceedings may be commenced by one or more of those persons as representing some or all of them.
(2)  Representative proceedings may be commenced –
(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 proceedings –
(i) are concerned with separate contracts or transactions between the defendant in the proceedings and individual group members; or
(ii) involve separate acts or omissions of the defendant done or omitted to be done in relation to individual group members.



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