Victorian Consolidated Legislation

Supreme Court Act 1986 - SECT 33ZC

Appeals

33ZC. Appeals



(1) On an appeal by the plaintiff on behalf of group members and in respect of
the judgment to the extent that it relates to questions common to the claims
of group members, the parties to the appeal are the plaintiff, as the
representative of the group members, and the defendant.

(2) On an appeal by a sub-group representative party on behalf of sub-group
members in respect of the judgment to the extent that it relates to questions
common to the claims of sub-group members, the parties to the appeal are the
sub-group representative party, as the representative of the sub-group
members, and the defendant.

(3) On an appeal by the defendant in a group proceeding, other than an appeal
referred to in subsection (4), the parties to the appeal are-

   (a)  in the case of an appeal in respect of the judgment generally-the
        defendant and the plaintiff as the representative of the group
        members; and

   (b)  in the case of an appeal in respect of the judgment to the extent that
        it relates to questions common to the claims of sub-group members-the
        defendant and the sub-group representative party as the representative
        of the sub-group members.

(4) The parties to an appeal in respect of the determination of a question
that relates only to a claim of an individual group member are that group
member and the defendant.





(5) If the plaintiff or the sub-group representative party does not commence
an appeal within the time provided, another member of the group or sub-group
may, within a further 21 days, commence an appeal as representing the group
members or sub-group members, as the case may be.

(6) If an appeal is brought from a judgment of the Trial Division in a group
proceeding, the Court of Appeal may direct that notice of the appeal be given
to such person or persons, and in such manner, as that court thinks fit.

(7) Section 33J does not apply to an appeal.

(8) The notice of appeal must describe or otherwise identify the group members
or sub-group members, as the case may be, but need not specify the names or
number of those members.

Division 6-Miscellaneous