AustLII Tasmanian Consolidated Acts

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SUPREME COURT CIVIL PROCEDURE ACT 1932 - SECT 83

Settlement of individual claim of representative party

(1)  A representative party, with the leave of the Court, may settle the party’s individual claim in whole or in part at any stage of the representative proceedings.
(2)  If in representative proceedings the representative party is seeking leave of the Court to settle, or has settled, his or her individual claim, the representative party, with the leave of the Court, may withdraw as representative party.
(3)  If a person has sought leave to withdraw as representative party under subsection (2) , the Court, on application by a group member, may 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, under subsection (2) , a person leave to withdraw as representative party –
(a) the Court must be satisfied that notice of the application has been given to group members in accordance with section 84(1) and has been given 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 representative party must have been determined.


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