Victorian Consolidated Legislation

Supreme Court Act 1986 - SECT 33X

When notice to be given

33X. When notice to be given



(1) Notice must be given to group members of the following matters in relation
to a group proceeding-

   (a)  the commencement of the proceeding and the right of the group members
        to opt out of the proceeding before a specified date, being the date
        fixed under section 33J(1);

   (b)  an application by the defendant for the dismissal of the proceeding on
        the ground of want of prosecution;

   (c)  an application by the plaintiff seeking leave under section 33W.

(2) The Court may dispense with compliance with any or all of the requirements
of subsection (1) if the relief sought in a proceeding does not include any
claim for damages.

(3) If the Court so orders, notice must be given to group members of any offer
to compromise the proceeding.

(4) Unless the Court is satisfied that it is just to do so, an application for
approval under section 33V must not be determined unless notice has been given
to group members.

(5) The Court may, at any stage, order that notice of any matter be given to a
group member or group members.

(6) Notice under this section must be given as soon as practicable after the
happening of the event to which the notice relates.