Victorian Consolidated Legislation

Supreme Court Act 1986 - SECT 33K

Causes of action accruing after commencement

33K. Causes of action accruing after commencement



(1) The Court may, at any stage of a group proceeding on application made by
the plaintiff, give leave to amend the writ commencing the group proceeding so
as to alter the description of the group.

(2) The description of the group may be altered so as to include a person-

   (a)  whose cause of action accrued after the commencement of the group
        proceeding but before such date as the Court fixes when giving leave;
        and

   (b)  who would have been included in the group or, with the consent of the
        person would have been included in the group, if the cause of action
        had accrued before the commencement of the proceeding.

(3) The date mentioned in subsection (2)(a) may be the date on which leave is
given or another date before or after that date.

(4) If the Court gives leave under subsection (1), it may also make any other
orders it thinks just, including an order relating to the giving of notice to
persons who, as a result of the amendment, will be included in the group and
the date before which such persons may opt out of the proceeding.