New South Wales Consolidated Acts

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CIVIL PROCEDURE ACT 2005 - SECT 162

Right of group member to opt out

162 Right of group member to opt out

(cf s33J FCA)

(1) The Court must fix a date before which a group member may opt out of representative proceedings in the Court.
(2) A group member may opt out of the representative proceedings by written notice given under the local rules before the date so fixed.
(3) The Court may, on application by a group member, the representative party or the defendant in the proceedings, fix another date so as to extend the period during which a group member may opt out of the representative proceedings.
(4) Except with the leave of the Court, the hearing of representative proceedings must not commence earlier than the date before which a group member may opt out of the proceedings.



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