Causes of action accruing after commencement of representative proceeding
13 Causes of action accruing after commencement of representative proceeding
The Court may at any stage of a representative proceeding, on application made by the representative party, give leave to amend the application commencing the representative proceeding so as to alter the description of the group.
The description of the group may be altered so as to include a person —
whose cause of action accrued after the commencement of the representative proceeding but before such date as the Court fixes when giving leave; and
who would have been included in the group (or would have been included in the group with the consent of the person) if the cause of action had accrued before the commencement of the proceeding.
The date the Court fixes under subsection (2)(a) when giving leave may be the date on which leave is given or another date before or after that date.
Where the Court gives leave under this section, it may also make any other orders it thinks just, including an order relating to the giving of notice to persons who, as a result of the amendment, will be included in the group and the date before which such persons may opt out of the proceeding.
This Act’s bill:Explanatory memorandumSecond reading speech
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