Proude v Visic (No 3)

[2012] SASC 234

Supreme Court of South Australia

Built by Barristers,
For Australian Law.

1. Procedure
2. › Representative proceedings
3. › Authorisation under Supreme Court Civil Rules 2006 (SA) r 81
1. Procedure
2. › Representative proceedings
3. › Common interest in questions of law or fact
1. Limitation of actions
2. › Commencement of action
3. › When representative action commenced for limitation purposes
1. Procedure
2. › Security for costs
3. › Representative capacity under r 194(1)(a)

Under SA Supreme Court Civil Rules 2006 r 81, a representative action is 'commenced' on behalf of represented persons for the purposes of s 35 of the Limitation of Actions Act 1936 (SA) upon filing the summons and statement of claim, not when authorisation is sought or granted by the court.
Rule 81(1) requires only a common interest in questions of law or fact — it does not require that every group member have a claim against every defendant, nor that common declaratory or other relief be sought on behalf of all group members.
Where a plaintiff brings a representative action under r 81 and has insufficient resources to meet a costs order, the action is brought 'in a representative capacity' within r 194(1)(a), and security for costs may be ordered; alternatively, the residual 'interests of justice' ground in r 194(1)(e) may support such an order where other persons stand to benefit from the action without prima facie costs liability.

Citation[2012] SASC 234

CourtSASC

JurisdictionSouth Australia

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