Victorian Current Acts

SUPREME COURT ACT 1986 - SECT 33ZC

    (1)     On an appeal by the plaintiff on behalf of group members and in respect of the judgment to the extent that it relates to questions common to the claims of group members, the parties to the appeal are the plaintiff, as the representative of the group members, and the defendant.

    (2)     On an appeal by a sub-group representative party on behalf of sub-group members in respect of the judgment to the extent that it relates to questions common to the claims of sub-group members, the parties to the appeal are the sub-group representative party, as the representative of the sub-group members, and the defendant.

    (3)     On an appeal by the defendant in a group proceeding, other than an appeal referred to in subsection (4), the parties to the appeal are—

        (a)     in the case of an appeal in respect of the judgment generally—the defendant and the plaintiff as the representative of the group members; and

        (b)     in the case of an appeal in respect of the judgment to the extent that it relates to questions common to the claims of sub-group members—the defendant and the sub-group representative party as the representative of the sub-group members.

    (4)     The parties to an appeal in respect of the determination of a question that relates only to a claim of an individual group member are that group member and the defendant.

    (5)     If the plaintiff or the sub-group representative party does not commence an appeal within the time provided, another member of the group or sub-group may, within a further 21 days, commence an appeal as representing the group members or sub-group members, as the case may be.

    (6)     If an appeal is brought from a judgment of the Trial Division in a group proceeding, the Court of Appeal may direct that notice of the appeal be given to such person or persons, and in such manner, as that court thinks fit.

    (7)     Section 33J does not apply to an appeal.

    (8)     The notice of appeal must describe or otherwise identify the group members or sub-group members, as the case may be, but need not specify the names or number of those members.

Division 6—Miscellaneous

S. 33ZD inserted by No. 78/2000 s. 13, amended by No. 22/2020 s. 4 (ILA s. 39B(1)).