FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 33C Commencement of proceeding

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 33C

  (1)   Subject to this Part, where:

  (a)   7 or more persons have claims against the same person; and

  (b)   the claims of all those persons are in respect of, or arise out of, the same, similar or related circumstances; and

  (c)   the claims of all those persons give rise to a substantial common issue of law or fact;

a proceeding may be commenced by one or more of those persons as representing some or all of them.

  (2)   A representative proceeding may be commenced:

  (a)   whether or not the relief sought:

  (i)   is, or includes, equitable relief; or

  (ii)   consists of, or includes, damages; or

  (iii)   includes claims for damages that would require individual assessment; or

  (iv)   is the same for each person represented; and

  (b)   whether or not the proceeding:

  (i)   is concerned with separate contracts or transactions between the respondent in the proceeding and individual group members; or

  (ii)   involves separate acts or omissions of the respondent done or omitted to be done in relation to individual group members.