Victorian Consolidated Legislation

Supreme Court Act 1986 - SECT 33J

Right of group member to opt out

33J. Right of group member to opt out



(1) The Court must fix a date before which a group member may opt out of a
group proceeding.

(2) A group member may opt out of the group proceeding by notice in writing
before the date so fixed.

(3) The Court, on the application of a group member, the plaintiff or the
defendant, may extend the period within which a group member may opt out of
the group proceeding.

(4) Except with the leave of the Court, the trial of a group proceeding must
not commence earlier than the date before which a group member may opt out of
the proceeding.

(5) Unless the Court otherwise orders, a person who has opted out of a group
proceeding must be taken never to have been a group member.

(6) The Court, on the application of a person who has opted out of a group
proceeding, may reinstate that person as a group member on such terms as
the Court thinks fit.