Proceeding had been conducted for years on the basis that the group definition had been amended
Quick Take
1A change to a group definition that narrows the concept of service supply (from services supplied 'from' premises to services requiring attendance 'at' premises by the public) is not merely formal but potentially substantive; however, amendment may still be granted where the proceeding has been conducted on the basis of the proposed definition for years, objection rates are negligible relative to group size, no objector clearly demonstrates actual prejudice, and clarity of the group definition is served.
2Retrospective effect of a group definition amendment should be refused where it would deprive excluded group members of the benefit of limitation period suspension under s 33ZE of the Supreme Court Act 1986 (Vic).
3Narrowing a group definition does not necessarily constitute a discontinuance requiring s 33V approval where no claim has been advanced on behalf of the excluded members since the proceeding was first conducted on the narrower definition.
