In Part 4A representative proceedings, a court will not order full discovery by all group members absent extraordinary circumstances, but may order a limited representative sample of group members to provide particulars of loss with supporting documentation to facilitate settlement, exercising power under s 33ZF of the Supreme Court Act 1986 and the case management provisions of the Civil Procedure Act 2010. The court's proactive role in facilitating settlement under the CPA extends to ordering the provision of quantum information from group members even before liability is determined.
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