The NSW Court of Appeal retains inherent jurisdiction derived from the Court of Chancery, supplemented by ss 56-58 of the Civil Procedure Act 2005 (NSW), to make representative orders notwithstanding the repeal of UCPR r 7.4. The criteria for such orders are: (a) the class of necessary parties is so numerous that individual joinder is not reasonably practicable; (b) common interest between representative and represented class; (c) a substantial common issue of law or fact; and (d) the interests of justice and the overriding purpose in s 56(1). Part 10 of the Civil Procedure Act does not preclude the making of representative orders outside that Part where Part 10 does not cover the field.
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