New South Wales Consolidated Acts

CIVIL PROCEDURE ACT 2005 - SECT 163

163 Causes of action accruing after commencement of representative proceedings

(cf s33K FCA)

(1) The Court may at any stage of representative proceedings, on application by the representative party, give leave to amend the originating process commencing the representative proceedings so as to alter the description of the group.

(2) The description of the group may be altered so as to include a person--

(a) whose cause of action accrued after the commencement of the representative proceedings but before such date as the Court fixes when giving leave, and

(b) who would have been included in the group, or, with the consent of the person would have been included in the group, if the cause of action had accrued before the commencement of the proceedings.

(3) The date fixed under subsection (2) (a) may be the date on which leave is given or another date before or after that date.

(4) If the Court gives leave under subsection (1), it may also make any other orders it thinks just, including an order relating to the giving of notice to persons who, as a result of the amendment, will be included in the group and the date before which such persons may opt out of the proceedings.