Queensland Consolidated Acts

CIVIL PROCEEDINGS ACT 2011 - SECT 103S

103S Settlement of individual claim of representative party

(1) A representative party may, with the leave of the court, settle the party’s individual claim in whole or part at any stage of the representative proceeding.

(2) A representative party seeking leave to settle, or who has settled, the party’s individual claim may, with leave of the court, withdraw as the representative party.

(3) If a representative party seeks leave to withdraw under subsection (2) , the court may, on the application of a group member, make—

(a) an order for the substitution of a group member as the representative party; and

(b) any other orders in relation to the substitution it considers appropriate.

(4) Before a representative party may be granted leave to withdraw under subsection (2) —

(a) the court must be satisfied that notice of the application has been given to group members under section 103T in sufficient time for a group member to apply under subsection (3) to have someone substituted as the representative party; and

(b) any application for the substitution of a group member as representative party must have been decided.