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CIVIL PROCEEDINGS ACT 2011 - SECT 103M
Where not all issues are common
103M Where not all issues are common
(1) If it appears to the court that deciding the issue or issues common to all
group members will not finally decide the claims of all group members, the
court may give directions in relation to deciding the remaining issues.
(2)
If an issue is common to the claims of some only of the group members, the
directions given by the court may include directions— (a) establishing a
sub-group consisting of those group members; and
(b) appointing a person to
be the sub-group representative party for the sub-group members.
(3) If the
court appoints a person other than the representative party to be a
sub-group representative party, that person, and not the representative party,
is liable for costs associated with deciding the issue or issues common to the
sub-group members.
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