Victorian Consolidated Legislation

Supreme Court Act 1986 - SECT 33C

Commencement of proceeding

33C. Commencement of proceeding



(1) Subject to this Part, if-

   (a)  seven 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
        question 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 group 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
        defendant and individual group members; or

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