Victorian Consolidated Legislation

Supreme Court Act 1986 - SECT 33W

Settlement of individual claim

33W. Settlement of individual claim



(1) The plaintiff may, with the leave of the Court, settle the plaintiff's
individual claim in whole or in part at any stage of the group proceeding.

(2) The Court may order that a person who has settled the person's individual
claim in whole or in part cease to be plaintiff.

(3) If an order is sought under subsection (2), the Court may, on the
application of a group member, make an order substituting as plaintiff a group
member who consents to that substitution.

(4) An order must not be made under subsection (2) unless the Court is
satisfied that-

   (a)  notice of application for the order has been given to group members in
        accordance with section 33X(1); and

   (b)  such notice was given in sufficient time for an application to be made
        for an order under subsection (3); and

   (c)  an order under subsection (3) has been or will be made.

(5) The Court may make an order under subsection (2) or (3) on such terms and
conditions, as to costs or otherwise, as the Court thinks fit.

Division 3-Notices