Under Part 4A of the Supreme Court Act 1986 (Vic), a court may convert an open class to a closed class by amending the group definition under s 33K, and may effect class closure with binding effect under ss 33ZF and 33ZG prior to judgment or settlement. The 'compelling reason' test stated in Winterford v Pfizer is case-specific to early-stage proceedings and does not apply where the proceeding is at an advanced stage; the appropriate test is whether the order is 'appropriate or necessary' under s 33ZF. Different registration regimes may be adopted for different categories of claims within a single class action, with personal injury claimants who fail to register retaining their substantive rights to bring separate proceedings while ELPD claimants who fail to register may be bound by any settlement. Section 33KA(3) does not apply to amendments of the group description under s 33K(1).
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2 of the 31 citing cases carry a classified treatment. How each court treated it is available to signed-in members.