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CIVIL PROCEEDINGS ACT 2011 - SECT 103T
When notice must be given
103T When notice must be given
(1) Notice must be given to group members of the following matters in relation
to a representative proceeding— (a) the starting of the proceeding and the
right of the group members to opt out of the proceeding before the date fixed
by the court under section 103G ;
(b) an application by the defendant for the
dismissal of the proceeding on the ground of want of prosecution;
(c) an
application by a representative party seeking leave to withdraw under
section 103S as representative party.
(2) The court may dispense with a
requirement of subsection (1) if the relief sought in the
representative proceeding does not include a claim for damages.
(3) If the
court orders, notice must be given to group members of the payment into court
of money in answer to a cause of action on which a claim in the
representative proceeding is based.
(4) Unless the court considers it just,
an application for approval of a settlement under section 103R must not be
decided unless notice has been given to group members in the
representative proceeding.
(5) The court may, at any stage, order that notice
of any matter be given to a group member or group members.
(6) Notice under
this section must be given as soon as practicable after the happening of the
event to which it relates.
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