Conditions for lodging a representative complaint
46PB Conditions for lodging a representative complaint
A representative complaint may be lodged under section 46P only if:
the class members have complaints against the same person; and
all the complaints are in respect of, or arise out of, the same, similar or related circumstances; and
all the complaints give rise to a substantial common issue of law or fact.
A representative complaint under section 46P must:
describe or otherwise identify the class members; and
specify the nature of the complaints made on behalf of the class members; and
specify the nature of the relief sought.
In describing or otherwise identifying the class members, it is not necessary to name them or specify how many there are.
A representative complaint may be lodged without the consent of class members.
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