Division 5 of Part 10 of the Principal Rules is rescinded and the following Divisions are substituted:

Division 5 - Representative proceedings

335.     Application of Division

This Division applies to representative proceedings commenced under Part VII of the Act.

335A.     Interpretation

A word or expression used in this Division and in Part VII of the Act has the same meaning in this Division as it has in that Part.

335B.     Originating process

(1)  In the heading of an originating process in representative proceedings, and in each document filed in support of the originating process, next to the name of the plaintiff or the applicant, the words “as a representative party under Part VII of the Supreme Court Civil Procedure Act 1932 ” are to be added.

(2)  The originating process in representative proceedings is to be accompanied by a notice in accordance with the prescribed form.

335C.     Opt-out notices

(1)  In this rule –

opt-out date means the date fixed by the Court before which a group member may opt out of representative proceedings.

(2)  If a group member opts out of representative proceedings in accordance with section 71(2) of the Act, the group member is to file and serve, on the relevant representative party, a notice in the prescribed form before the opt-out date.

(3)  A representative party on whom a notice is served in accordance with subrule (2) must provide to each of the other parties to the proceedings, within 14 days after the opt-out date, a list of persons who have filed and served a notice in accordance with subrule (2) .

335D.     Procedural applications

An application under section 72, 83, 84 or 87 of the Act must be accompanied by an affidavit stating –

(a) the identity of each group member; and

(b) the postal address of each group member; and

(c) the means by which information may most effectively be given to the group members.

Division 5A - Representative defendants

336.     Numerous defendants

In any proceeding in which 7 or more persons –

(a) are subject to the same or a common obligation; or

(b) have the same or a common interest in or in respect of, or are under the like obligations in respect of, a fund or other property; or

(c) otherwise have a common interest in any matter –

one or more of those persons may be sued or made respondent or may be authorised by the Court or a judge to defend the proceeding with respect to the obligation or interest on behalf, or for the benefit, of all persons subject to the obligation or having the interest.