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CIVIL PROCEDURE ACT 2005 - SECT 157
Commencement of representative proceedings
(cf s33C FCA)
(1) Subject to this Part, where-- (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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