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Time limit | Action |
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Fixed by the Court | The Court must fix a date that a class member may opt out of the class action. |
Organisation | Responsibilities |
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Supreme Court NSW | Hears class actions brought under Part 10 of the Civil Procedure Act 2005 (NSW). |
Federal Court of Australia | Hears class actions brought under Part IVA of the Federal Court of Australia Act 1976 (Cth) and Division 9.3 of the Federal Court Rules 2011 (Cth). |
Authority | Covers |
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Civil Procedure Act 2005Â (NSW) Supreme Court Act 1970 (NSW Uniform Civil Procedure Rules 2005 | How representative proceedings may be commenced in the Supreme Court of NSW. |
 Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) | How representative proceedings may be commenced in the Federal Court of Australia. |
Common term | Definition |
---|---|
Causes of action | The facts that give rise to an enforceable claim. |
Claim for relief | A statement of facts made by the plaintiff to prove that they have a right to recover against the defendant. |
Class action | A legal case in which one plaintiff brings an action on behalf of a group of people who have similar claims. |
Group member | The members of the class action who are not a party to proceedings. |
Interlocutory applications | An application to a court for interim orders. |
Opt-out | Members can cease to be class members by opting-out of the class action. |
Representative plaintiff | A person or persons who commence legal proceedings and instructs the lawyers on behalf of themselves and the other members of the class action. |
Organisation | Fee |
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Federal Court of Australia | Court Fees Payable |
Supreme Court of NSW | Fees |
Organisation | Forms |
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Federal Court of Australia | Forms under the Federal Court Rules 2011 |
Supreme Court of NSW | Approved and prescribed forms |
Type | Costs |
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Legal costs | If you are successful, you can ask the Court to make a costs order against the other party. If you are unsuccessful, the Court can make a costs order against you. |
Last updated: December 2024