Commencement of representative proceedings
66 Commencement of representative proceedings
Subject to this Part, if – 7 or more persons have claims against the same person; and the claims of all those persons are in respect of, or arise out of, the same, similar or related circumstances; and the claims of all those persons give rise to a substantial common question of law or fact – proceedings may be commenced by one or more of those persons as representing some or all of them.
Representative proceedings may be commenced – whether or not the relief sought – is, or includes, equitable relief; or consists of, or includes, damages; or includes claims for damages that would require individual assessment; or is the same for each person represented; and whether or not the proceedings – are concerned with separate contracts or transactions between the defendant in the proceedings and individual group members; or involve separate acts or omissions of the defendant done or omitted to be done in relation to individual group members.
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