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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Civil Procedure (Representative Proceedings) Bill 2021 Contents Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 4. Proceedings to which Act applies 3 5. Act binds Crown 3 Part 2 -- Conduct of representative proceeding 6. Commencement of representative proceeding 4 7. Standing 5 8. Consent to be group member 5 9. Person under disability 6 10. Representative proceeding not to be commenced in certain circumstances 6 11. Originating process 6 12. Right of group member to opt out 7 13. Causes of action accruing after commencement of representative proceeding 7 14. Situation of fewer than 7 group members 8 15. Distribution costs excessive 8 16. Discontinuance of proceedings in certain circumstances 9 17. Consequences of order for discontinuance of proceedings 9 18. Determination of issues where not all issues are common 10 19. Individual issues 10 37--1 page i Civil Procedure (Representative Proceedings) Bill 2021 Contents 20. Directions relating to commencement of further proceedings 11 21. Substitution of representative party or sub-group representative party 11 22. Stay of execution in certain circumstances 11 23. Settlement and discontinuance of representative proceeding 12 24. Settlement of individual claim of representative party 12 Part 3 -- Notices 25. Notice to be given of certain matters 14 26. Ancillary provisions for notices 14 Part 4 -- Judgment 27. Determination of proceedings 16 28. Fund for distribution of money 17 29. Effect of judgment 18 Part 5 -- Appeals 30. Bringing of appeal as representative proceeding 19 Part 6 -- Miscellaneous 31. Costs 21 32. Suspension of limitation periods 21 33. Reimbursement of representative party's costs 21 34. General power of Court to make orders 22 35. Power of Court to make rules 22 36. Abolition of torts of maintenance and champerty 22 37. Review of Act 22 Defined terms page ii Western Australia LEGISLATIVE ASSEMBLY Civil Procedure (Representative Proceedings) Bill 2021 A Bill for An Act to provide for representative proceedings in civil proceedings in the Supreme Court. The Parliament of Western Australia enacts as follows: page 1 Civil Procedure (Representative Proceedings) Bill 2021 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Civil Procedure (Representative Proceedings) 4 Act 2021. 5 2. Commencement 6 This Act comes into operation as follows -- 7 (a) Part 1 -- on the day on which this Act receives the 8 Royal Assent; 9 (b) the rest of the Act -- on a day fixed by proclamation. 10 3. Terms used 11 In this Act -- 12 Court means the Supreme Court; 13 group member means a member of a group of persons on whose 14 behalf a representative proceeding has been commenced; 15 proceeding means a civil proceeding in the Court; 16 representative party means a person who commences a 17 representative proceeding or who is substituted as a 18 representative party under this Act; 19 representative proceeding means a proceeding commenced as a 20 representative proceeding under this Act; 21 respondent means a person against whom relief is sought in a 22 representative proceeding; 23 sub-group member means a person included in a sub-group 24 established under section 18; 25 sub-group representative party means a person appointed to be 26 the sub-group representative party for sub-group members or 27 who is substituted as a sub-group representative party under this 28 Act. page 2 Civil Procedure (Representative Proceedings) Bill 2021 Preliminary Part 1 s. 4 1 4. Proceedings to which Act applies 2 (1) This Act applies to a proceeding commenced on or after the day 3 on which this section comes into operation, whether the cause of 4 action accrued before, on or after that day. 5 (2) This Act does not prevent the commencement or continuance of 6 proceedings under any provision of the rules of the Court 7 providing for proceedings by or against a person as representing 8 others who have the same interest in proceedings. 9 5. Act binds Crown 10 This Act binds the Crown in right of Western Australia and, so 11 far as the legislative power of the Parliament permits, the Crown 12 in all its other capacities. page 3 Civil Procedure (Representative Proceedings) Bill 2021 Part 2 Conduct of representative proceeding s. 6 1 Part 2 -- Conduct of representative proceeding 2 6. Commencement of representative proceeding 3 (1) A proceeding may be commenced as a representative 4 proceeding if -- 5 (a) 7 or more persons have claims against the same person; 6 and 7 (b) the claims of all those persons are in respect of, or arise out 8 of, the same, similar or related circumstances; and 9 (c) the claims of all those persons give rise to a substantial 10 common issue of law or fact. 11 (2) A representative proceeding is a proceeding commenced by one or 12 more of those persons on behalf of and as representing some or all 13 of them. 14 (3) A representative proceeding may be commenced whether or not 15 the relief sought -- 16 (a) is, or includes, equitable relief; or 17 (b) consists of, or includes, damages; or 18 (c) includes claims for damages that would require 19 individual assessment; or 20 (d) is the same for each person represented. 21 (4) A representative proceeding may be commenced whether or not 22 the proceeding -- 23 (a) is concerned with separate contracts or transactions 24 between the respondent in the proceeding and individual 25 group members; or 26 (b) involves separate acts or omissions of the respondent 27 done or omitted to be done in relation to individual 28 group members. page 4 Civil Procedure (Representative Proceedings) Bill 2021 Conduct of representative proceeding Part 2 s. 7 1 7. Standing 2 (1) If a proceeding can be commenced as a representative 3 proceeding, a person who has a sufficient interest to commence 4 the proceeding on their own behalf against another person has a 5 sufficient interest to commence the proceeding against that 6 other person as a representative proceeding on behalf of other 7 persons referred to in section 6(1)(a). 8 (2) A person may commence a representative proceeding on behalf 9 of other persons against more than one respondent irrespective 10 of whether or not the person and each of those other persons 11 have a claim against every respondent in the proceeding. 12 (3) A person who has commenced a representative proceeding 13 retains a sufficient interest to continue the proceeding and to 14 appeal against a decision in the proceeding even if the person 15 ceases to have a claim against the respondent. 16 8. Consent to be group member 17 (1) The consent of a person to be a group member in a 18 representative proceeding is not required unless consent is 19 required under subsection (2). 20 (2) None of the following persons is a group member in a 21 representative proceeding unless the person gives written 22 consent to being a group member -- 23 (a) the Commonwealth, a State or a Territory; 24 (b) a Minister of the Commonwealth, a State or a Territory; 25 (c) a body corporate established for a public purpose by a 26 law of the Commonwealth, a State or a Territory, other 27 than an incorporated company or association; 28 (d) an officer of the Commonwealth, a State or a Territory, 29 in the person's capacity as such an officer. page 5 Civil Procedure (Representative Proceedings) Bill 2021 Part 2 Conduct of representative proceeding s. 9 1 9. Person under disability 2 (1) In this section -- 3 person under disability means a person who, under the rules of 4 the Court, is not permitted to bring a proceeding except by the 5 person's next friend. 6 (2) It is not necessary for a person under disability to have a next 7 friend merely in order to be a group member. 8 (3) A group member who is a person under disability may only take 9 a step in the representative proceeding, or conduct part of the 10 proceeding, by the group member's next friend unless the Court 11 otherwise orders. 12 10. Representative proceeding not to be commenced in certain 13 circumstances 14 A representative proceeding cannot be commenced if the 15 proceeding would be concerned only with claims in respect of 16 which the Court has jurisdiction solely by virtue of the 17 Jurisdiction of Courts (Cross-vesting) Act 1987 or a 18 corresponding law of the Commonwealth or another State or a 19 Territory. 20 11. Originating process 21 (1) An application commencing a representative proceeding, or a 22 document filed in support of such an application, must, in 23 addition to any other matters required to be included -- 24 (a) describe or otherwise identify the group members to 25 whom the proceeding relates; and 26 (b) specify the nature of the claims made on behalf of the 27 group members and the relief claimed; and 28 (c) specify the questions of law or fact common to the 29 claims of the group members. page 6 Civil Procedure (Representative Proceedings) Bill 2021 Conduct of representative proceeding Part 2 s. 12 1 (2) In describing or otherwise identifying group members for the 2 purposes of this section, it is not necessary to name, or specify 3 the number of, the group members. 4 12. Right of group member to opt out 5 (1) The Court must fix a date before which a group member may 6 opt out of a representative proceeding. 7 (2) A group member may opt out of the representative proceeding 8 by written notice given under the rules of the Court before the 9 date so fixed. 10 (3) The Court may, on the application of a group member, the 11 representative party or the respondent in the proceeding, fix 12 another date so as to extend the period during which a group 13 member may opt out of the representative proceeding. 14 (4) Except with the leave of the Court, the hearing of a 15 representative proceeding must not commence earlier than the 16 date before which a group member may opt out of the 17 proceeding. 18 13. Causes of action accruing after commencement of 19 representative proceeding 20 (1) The Court may at any stage of a representative proceeding, on 21 application made by the representative party, give leave to 22 amend the application commencing the representative 23 proceeding so as to alter the description of the group. 24 (2) The description of the group may be altered so as to include a 25 person -- 26 (a) whose cause of action accrued after the commencement 27 of the representative proceeding but before such date as 28 the Court fixes when giving leave; and 29 (b) who would have been included in the group (or would 30 have been included in the group with the consent of the page 7 Civil Procedure (Representative Proceedings) Bill 2021 Part 2 Conduct of representative proceeding s. 14 1 person) if the cause of action had accrued before the 2 commencement of the proceeding. 3 (3) The date the Court fixes under subsection (2)(a) when giving 4 leave may be the date on which leave is given or another date 5 before or after that date. 6 (4) Where the Court gives leave under this section, it may also 7 make any other orders it thinks just, including an order relating 8 to the giving of notice to persons who, as a result of the 9 amendment, will be included in the group and the date before 10 which such persons may opt out of the proceeding. 11 14. Situation of fewer than 7 group members 12 If, at any stage of a representative proceeding, it appears likely 13 to the Court that there are fewer than 7 group members, the 14 Court may, on such conditions (if any) as it thinks fit -- 15 (a) order that the proceeding continue under this Act; or 16 (b) order that the proceeding no longer continue under this 17 Act. 18 15. Distribution costs excessive 19 (1) In this section -- 20 monetary relief means relief by way of payment of money to 21 group members (otherwise than in respect of costs). 22 (2) If the Court concludes, on application by the respondent, that 23 the cost to the respondent of identifying the group members and 24 distributing to them the amounts that would be ordered to be 25 paid to them if judgment were to be given in favour of the 26 representative party would be excessive having regard to the 27 likely total of those amounts, the Court may, by order -- 28 (a) direct that the proceeding no longer continue under this 29 Act; or 30 (b) stay the proceeding so far as it relates to monetary relief. page 8 Civil Procedure (Representative Proceedings) Bill 2021 Conduct of representative proceeding Part 2 s. 16 1 (3) This section applies only in a representative proceeding where 2 the relief claimed is or includes monetary relief. 3 16. Discontinuance of proceedings in certain circumstances 4 (1) The Court may, on application by the respondent or of its own 5 motion, order that a proceeding no longer continue under this 6 Act where it is satisfied that it is in the interests of justice to do 7 so because -- 8 (a) the costs that would be incurred if the proceeding were 9 to continue as a representative proceeding are likely to 10 exceed the costs that would be incurred if each group 11 member conducted a separate proceeding; or 12 (b) all the relief sought can be obtained by means of a 13 proceeding other than a representative proceeding under 14 this Act; or 15 (c) the representative proceeding will not provide an 16 efficient and effective means of dealing with the claims 17 of group members; or 18 (d) it is otherwise inappropriate that the claims be pursued 19 by means of a representative proceeding. 20 (2) If the Court dismisses an application under this section, the 21 Court may order that no further application under this section be 22 made by the respondent except with the leave of the Court. 23 (3) Leave for the purposes of subsection (2) may be granted subject 24 to such conditions as to costs as the Court considers just. 25 17. Consequences of order for discontinuance of proceedings 26 Where the Court makes an order under this Part that a 27 proceeding no longer continue under this Act -- 28 (a) the proceeding may be continued as a proceeding by the 29 representative party on their own behalf against the 30 respondent; and page 9 Civil Procedure (Representative Proceedings) Bill 2021 Part 2 Conduct of representative proceeding s. 18 1 (b) on the application of a person who was a group member 2 for the purposes of the proceeding, the Court may order 3 that the person be joined as an applicant in the 4 proceeding. 5 18. Determination of issues where not all issues are common 6 (1) If it appears to the Court that determination of the issue or 7 issues common to all group members will not finally determine 8 the claims of all group members, the Court may give directions 9 in relation to the determination of the remaining issues. 10 (2) In the case of issues common to the claims of some only of the 11 group members, the directions given by the Court may include 12 directions establishing a sub-group consisting of those group 13 members and appointing a person to be the sub-group 14 representative party on behalf of the sub-group members. 15 (3) Where the Court appoints a person other than the representative 16 party to be a sub-group representative party, that person, and not 17 the representative party, is liable for costs associated with the 18 determination of the issue or issues common to the sub-group 19 members. 20 19. Individual issues 21 (1) In giving directions under section 18, the Court may permit an 22 individual group member to appear in the proceeding for the 23 purpose of determining an issue that relates only to the claims of 24 that member. 25 (2) In such a case, the individual group member, and not the 26 representative party, is liable for costs associated with the 27 determination of the issue. page 10 Civil Procedure (Representative Proceedings) Bill 2021 Conduct of representative proceeding Part 2 s. 20 1 20. Directions relating to commencement of further proceedings 2 Where an issue cannot properly or conveniently be dealt with 3 under section 18 or 19, the Court may -- 4 (a) if the issue concerns only the claim of a particular 5 member -- give directions relating to the 6 commencement and conduct of a separate proceeding by 7 that member; or 8 (b) if the issue is common to the claims of all members of a 9 sub-group -- give directions relating to the 10 commencement and conduct of a representative 11 proceeding in relation to the claims of those members. 12 21. Substitution of representative party or sub-group 13 representative party 14 (1) The Court may substitute another group member as 15 representative party or another person as sub-group 16 representative party if it appears to the Court that -- 17 (a) the representative party or sub-group representative 18 party is not able to adequately represent the interests of 19 the group members or sub-group members (as 20 appropriate); or 21 (b) it is otherwise in the interests of justice to do so. 22 (2) An order for the substitution of a representative party may only 23 be made on application by a group member and an order for the 24 substitution of a sub-group representative party may only be 25 made on application by a sub-group member. 26 (3) When the Court substitutes a representative party or sub-group 27 representative party the Court may make such other orders as it 28 thinks fit. 29 22. Stay of execution in certain circumstances 30 Where a respondent in a representative proceeding commences 31 a proceeding in the Court against a group member, the Court page 11 Civil Procedure (Representative Proceedings) Bill 2021 Part 2 Conduct of representative proceeding s. 23 1 may order a stay of execution in respect of any relief awarded to 2 the group member in the representative proceeding until the 3 other proceeding is determined. 4 23. Settlement and discontinuance of representative proceeding 5 (1) A representative proceeding cannot be settled or discontinued 6 without the approval of the Court. 7 (2) If the Court gives such an approval, it may make such orders as 8 are just with respect to the distribution of any money paid under 9 a settlement or paid into the Court. 10 24. Settlement of individual claim of representative party 11 (1) A representative party may, with leave of the Court, settle the 12 party's individual claim in whole or in part at any stage of the 13 representative proceeding. 14 (2) A representative party who is seeking leave to settle, or who has 15 settled, the party's individual claim may, with leave of the 16 Court, withdraw as representative party. 17 (3) Where a person has sought leave to withdraw as representative 18 party under subsection (2), the Court may, on the application of 19 a group member, make an order for the substitution of another 20 group member as representative party and may make such other 21 orders as it thinks fit. 22 (4) Before granting a person leave to withdraw as a representative 23 party the Court must be satisfied that -- 24 (a) notice of the application has been given to group 25 members in accordance with Part 3 and in sufficient 26 time for them to apply to have another person 27 substituted as the representative party; and 28 (b) any application for the substitution of another group 29 member as a representative party has been determined. page 12 Civil Procedure (Representative Proceedings) Bill 2021 Conduct of representative proceeding Part 2 s. 24 1 (5) The Court may grant leave to a person to withdraw as 2 representative party subject to such conditions as to costs as the 3 Court considers just. page 13 Civil Procedure (Representative Proceedings) Bill 2021 Part 3 Notices s. 25 1 Part 3 -- Notices 2 25. Notice to be given of certain matters 3 (1) Notice must be given to group members of the following 4 matters in relation to a representative proceeding -- 5 (a) the commencement of the proceeding and the right of 6 the group members to opt out of the proceeding before a 7 specified date (being the date fixed under section 12(1)); 8 (b) an application by the respondent in the proceeding for 9 the dismissal of the proceeding on the ground of want of 10 prosecution; 11 (c) an application by a representative party seeking leave to 12 withdraw under section 24 as representative party. 13 (2) The Court may dispense with compliance with any or all of the 14 requirements of subsection (1) where the relief sought in a 15 proceeding does not include any claim for damages. 16 (3) If the Court so orders, notice must be given to group members 17 of the bringing into Court of money in answer to a cause of 18 action on which a claim in the representative proceeding is 19 founded. 20 (4) Unless the Court is satisfied that it is just to do so, an 21 application for the Court's approval of a settlement of a 22 representative proceeding must not be determined unless notice 23 has been given to group members. 24 (5) The Court may, at any stage, order that notice of any matter be 25 given to a group member or group members. 26 (6) Notice under this section must be given as soon as practicable 27 after the happening of the event to which the notice relates. 28 26. Ancillary provisions for notices 29 (1) The form and content of a notice required under this Part must 30 be as approved by the Court. page 14 Civil Procedure (Representative Proceedings) Bill 2021 Notices Part 3 s. 26 1 (2) The Court must, by order, specify -- 2 (a) who is to give the notice; and 3 (b) the way in which the notice is to be given. 4 (3) The Court's order may include provision -- 5 (a) directing a party to provide information relevant to the 6 giving of the notice; and 7 (b) relating to the costs of notice; and 8 (c) requiring that notice be given by means of press 9 advertisement, radio or television broadcast, or by any 10 other means. 11 (4) The Court must not order that notice be given personally to each 12 group member unless it is satisfied that it is reasonably 13 practicable, and not unduly expensive, to do so. 14 (5) A notice that concerns a matter for which the Court's leave or 15 approval is required must specify the period within which a 16 group member or other person may apply to the Court, or take 17 some other step, in relation to the matter. 18 (6) A notice that includes or concerns conditions must specify the 19 conditions and the period, if any, for compliance. 20 (7) The failure of a group member to receive or respond to a notice 21 does not affect a step taken, an order made, or a judgment given, 22 in a proceeding. page 15 Civil Procedure (Representative Proceedings) Bill 2021 Part 4 Judgment s. 27 1 Part 4 -- Judgment 2 27. Determination of proceedings 3 (1) The Court may, in determining a matter in a representative 4 proceeding, do any one or more of the following -- 5 (a) determine an issue of law; 6 (b) determine an issue of fact; 7 (c) make a declaration of liability; 8 (d) grant any equitable relief; 9 (e) make an award of damages for group members, 10 sub-group members or individual group members, being 11 damages consisting of specified amounts or amounts 12 worked out in such manner as the Court specifies; 13 (f) award damages in an aggregate amount without 14 specifying amounts awarded in respect of individual 15 group members; 16 (g) make such other order as the Court thinks just. 17 (2) In making an order for an award of damages, the Court must 18 make provision for the payment or distribution of the money to 19 the group members entitled. 20 (3) Except when approving a settlement, the Court is not to make 21 an award of damages in an aggregate amount without specifying 22 amounts awarded in respect of individual group members unless 23 a reasonably accurate assessment can be made of the total 24 amount to which group members will be entitled under the 25 judgment. 26 (4) Where the Court has made an order for the award of damages, 27 the Court may give such directions (if any) as it thinks just in 28 relation to -- 29 (a) the manner in which a group member is to establish their 30 entitlement to share in the damages; and page 16 Civil Procedure (Representative Proceedings) Bill 2021 Judgment Part 4 s. 28 1 (b) the manner in which any dispute regarding the 2 entitlement of a group member to share in the damages 3 is to be determined. 4 28. Fund for distribution of money 5 (1) Without limiting the Court's power to make provision for the 6 payment or distribution of money to group members, the Court 7 may provide for -- 8 (a) the constitution and administration of a fund consisting 9 of the money to be distributed; and 10 (b) the payment by the respondent into the fund of a fixed 11 sum of money or of instalments on such terms as the 12 Court directs to meet the claims of group members; and 13 (c) entitlements to interest earned on the money in the fund. 14 (2) The costs of administering a fund are to be borne by the fund, or 15 by the respondent in the representative proceeding, as the Court 16 directs. 17 (3) Where the Court orders the constitution of a fund under this 18 section, the order must -- 19 (a) require notice to be given to group members in such 20 manner as is specified in the order; and 21 (b) specify the manner in which a group member is to make 22 a claim for payment out of the fund and establish their 23 entitlement to the payment; and 24 (c) specify the period (the distribution period), ending no 25 earlier than 6 months after the day on which the order is 26 made, within which group members may make a claim 27 for payment out of the fund; and 28 (d) make provision in relation to the day (the final 29 distribution day) before which the fund is to be 30 distributed to group members who have established an 31 entitlement to be paid out of the fund. page 17 Civil Procedure (Representative Proceedings) Bill 2021 Part 4 Judgment s. 29 1 (4) If the fund has not been fully distributed before the end of the 2 distribution period, the Court may allow a group member to 3 make a claim after the end of the distribution period if it is just 4 to do so. 5 (5) On application by the respondent in the representative 6 proceeding after the final distribution day, the Court may make 7 such orders as are just for the payment from the fund to the 8 respondent of any money remaining in the fund. 9 29. Effect of judgment 10 A judgment given in a representative proceeding -- 11 (a) must describe or otherwise identify the group members 12 who will be affected by it; and 13 (b) binds all such persons other than any person who has 14 opted out of the proceeding in accordance with this Act. page 18 Civil Procedure (Representative Proceedings) Bill 2021 Appeals Part 5 s. 30 1 Part 5 -- Appeals 2 30. Bringing of appeal as representative proceeding 3 (1) An appeal from a judgment of the Court in a representative 4 proceeding may itself be brought as a representative proceeding. 5 (2) The parties to an appeal brought as a representative proceeding 6 are as follows -- 7 (a) in the case of an appeal by the representative party on 8 behalf of group members and in respect of the judgment 9 to the extent that it relates to issues common to the 10 claims of group members, the parties are the 11 representative party, as the representative of the group 12 members, and the respondent; 13 (b) in the case of an appeal by a sub-group representative 14 party on behalf of sub-group members in respect of the 15 judgment to the extent that it relates to issues common 16 to the claims of sub-group members, the parties to the 17 appeal are the sub-group representative party, as the 18 representative of the sub-group members, and the 19 respondent; 20 (c) in the case of an appeal by the respondent in respect of 21 the judgment generally, the parties are the respondent 22 and the representative party as the representative of the 23 group members; 24 (d) in the case of an appeal by the respondent in respect of 25 the judgment to the extent that it relates to issues 26 common to the claims of sub-group members, the 27 parties are the respondent and the sub-group 28 representative party as the representative of the 29 sub-group members; 30 (e) in the case of an appeal in respect of the determination 31 of an issue that relates only to a claim of an individual 32 group member, the parties to the appeal are that group 33 member and the respondent. page 19 Civil Procedure (Representative Proceedings) Bill 2021 Part 5 Appeals s. 30 1 (3) If the representative party or sub-group representative party 2 does not bring an appeal within the time provided for instituting 3 appeals, another member of the group or sub-group may, within 4 a further 21 days, bring an appeal as representing the group 5 members or sub-group members, as the case may be. 6 (4) A group member or sub-group member cannot opt out of a 7 representative proceeding that is an appeal proceeding. 8 (5) The Court may direct that notice of an appeal brought from a 9 judgment of the Court in a representative proceeding be given to 10 such person or persons, and in such manner, as the Court thinks 11 appropriate. 12 (6) The notice instituting an appeal in relation to issues that are 13 common to the claims of group members or sub-group members 14 must describe or otherwise identify the group members or 15 sub-group members, as the case may be, but need not specify 16 the names or number of those members. page 20 Civil Procedure (Representative Proceedings) Bill 2021 Miscellaneous Part 6 s. 31 1 Part 6 -- Miscellaneous 2 31. Costs 3 In a representative proceeding the Court must not award costs 4 against a group member or sub-group member other than an 5 award against -- 6 (a) a representative party; or 7 (b) a sub-group representative party for costs associated 8 with the determination of the issue or issues common to 9 the sub-group members; or 10 (c) an individual group member for costs associated with 11 the determination of an issue that relates only to the 12 claims of that member when the member has been 13 permitted to appear in the proceeding for the purpose of 14 determining that issue. 15 32. Suspension of limitation periods 16 (1) On the commencement of a representative proceeding, the 17 running of any limitation period that applies to the claim of a 18 group member to which the proceeding relates is suspended. 19 (2) The limitation period does not begin to run again unless either 20 the member opts out of the proceeding in accordance with this 21 Act or the proceeding, and any appeals arising from the 22 proceeding, are determined without finally disposing of the 23 group member's claim. 24 33. Reimbursement of representative party's costs 25 (1) If the Court is satisfied, on application by a person who is or has 26 been the representative party or a sub-group representative party 27 for a representative proceeding, that the costs reasonably 28 incurred by the person in relation to the proceeding are likely to 29 exceed the costs recoverable by the person from the respondent, 30 the Court may order that an amount equal to the whole or a part page 21 Civil Procedure (Representative Proceedings) Bill 2021 Part 6 Miscellaneous s. 34 1 of the excess be paid to the person out of damages awarded in 2 the proceeding. 3 (2) An order cannot be made under this section unless the Court has 4 made an award of damages in the proceeding. 5 (3) On an application for an order under this section the Court may 6 also make any other order it thinks just. 7 34. General power of Court to make orders 8 In any proceeding (including an appeal) conducted under this 9 Act, the Court may, of its own motion or on application by a 10 party or a group member, make any order the Court thinks 11 appropriate or necessary to ensure that justice is done in the 12 proceeding. 13 35. Power of Court to make rules 14 The power to make rules of court under the Supreme Court 15 Act 1935 extends to the making of rules for regulating the 16 practice and procedure in relation to proceedings under this Act. 17 36. Abolition of torts of maintenance and champerty 18 (1) The torts of maintenance and champerty are abolished. 19 (2) This section does not affect any of the following -- 20 (a) a cause of action in tort for maintenance or champerty 21 that accrued before the day on which this section comes 22 into operation; 23 (b) a rule of law as to the cases in which a contract is to be 24 treated as contrary to public policy or as otherwise 25 illegal. 26 37. Review of Act 27 (1) The Minister must review the operation and effectiveness of this 28 Act, and prepare a report based on the review, as soon as page 22 Civil Procedure (Representative Proceedings) Bill 2021 Miscellaneous Part 6 s. 37 1 practicable after the 5th anniversary of the day on which this 2 section comes into operation. 3 (2) The Minister must cause the report to be laid before each House 4 of Parliament as soon as practicable after it is prepared, but not 5 later than 12 months after the 5th anniversary. page 23 Civil Procedure (Representative Proceedings) Bill 2021 Defined terms Defined terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined term Provision(s) Court ..................................................................................................................... 3 distribution period .......................................................................................... 28(3) final distribution day ...................................................................................... 28(3) group member .......................................................................................................3 monetary relief ............................................................................................... 15(1) person under disability ..................................................................................... 9(1) proceeding.............................................................................................................3 representative party ............................................................................................... 3 representative proceeding ..................................................................................... 3 respondent .............................................................................................................3 sub-group member ................................................................................................ 3 sub-group representative party ..............................................................................3
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