This rule may be cited as the Uniform Civil Procedure (Representative Proceedings) Amendment Rule 2017.
This rule commences on the commencement of the Limitation of Actions (Child Sexual Abuse) and Other Legislation Amendment Act 2016, part 3, division 1.
This rule amends the Uniform Civil Procedure Rules 1999.
Chapter 3, part 1, division 4—
insert—This division does not apply to a representative proceeding under the Civil Proceedings Act 2011, part 13A.
5Insertion of new ch 3, pt 1, div 5
Chapter 3, part 1—
insert—This division applies to a representative proceeding under the Civil Proceedings Act 2011, part 13A.See rule 4(2) in relation to the meaning in these rules of words and expressions used in the Civil Proceedings Act 2011.77BStarting representative proceeding
A representative proceeding must be started by claim in the approved form.77CRequirements for giving consent to be group member
(1)This rule applies to the giving of consent under the Civil Proceedings Act 2011, section 103D(2) to be a group member.(2)The consent must—(a)be in the approved form; and(b)be filed and served on the representative party for the representative proceeding to which the notice relates.77DRequirements for giving notice to opt out of representative proceeding
(1)This rule applies to the giving of notice under the Civil Proceedings Act 2011, section 103G(2) to opt out of a representative proceeding.(2)The notice must—(a)be in the approved form; and(b)be filed and served on the representative party for the representative proceeding to which the notice relates.77ERepresentative party must give list of opt-out group members
(1)This rule applies if 1 or more group members to whom a representative proceeding relates (each an opt-out group member) file and serve in the proceeding a notice under rule 77D.(2)The representative party for the representative proceeding must, within 14 days after the opt-out date for the proceeding, give each other party to the proceeding a list of the opt-out group members.(3)In this rule—opt-out date, for a representative proceeding, means—(a)if the court fixes a date for the proceeding under the Civil Proceedings Act 2011, section 103G(3)—that date; or(b)otherwise—the date fixed by the court for the proceeding under section 103G(1) of that Act.77FRequirements for particular applications in representative proceedings
(1)This rule applies to an application for an order under any of the following sections of the Civil Proceedings Act 2011—(a)section 103H;(b)section 103S;(c)section 103T;(d)section 103W.(2)The application must—(a)be in the approved form; and(b)be accompanied by an affidavit stating, for the group members of the representative proceeding to which the application relates—(i)the identity of the group members; and(ii)the whereabouts of the group members; and(iii)the way that is most likely to bring notice of a matter to the attention of the group members.