Bringing of appeal as representative proceeding
30 Bringing of appeal as representative proceeding
An appeal from a judgment of the Court in a representative proceeding may itself be brought as a representative proceeding.
The parties to an appeal brought as a representative proceeding are as follows —
in the case of an appeal by the representative party on behalf of group members and in respect of the judgment to the extent that it relates to issues common to the claims of group members, the parties are the representative party, as the representative of the group members, and the respondent;
in the case of an appeal by a sub‑group representative party on behalf of sub‑group members in respect of the judgment to the extent that it relates to issues common to the claims of sub‑group members, the parties to the appeal are the sub‑group representative party, as the representative of the sub‑group members, and the respondent;
in the case of an appeal by the respondent in respect of the judgment generally, the parties are the respondent and the representative party as the representative of the group members;
in the case of an appeal by the respondent in respect of the judgment to the extent that it relates to issues common to the claims of sub‑group members, the parties are the respondent and the sub‑group representative party as the representative of the sub‑group members;
in the case of an appeal in respect of the determination of an issue that relates only to a claim of an individual group member, the parties to the appeal are that group member and the respondent.
If the representative party or sub‑group representative party does not bring an appeal within the time provided for instituting appeals, another member of the group or sub‑group may, within a further 21 days, bring an appeal as representing the group members or sub‑group members, as the case may be.
A group member or sub‑group member cannot opt out of a representative proceeding that is an appeal proceeding.
The Court may direct that notice of an appeal brought from a judgment of the Court in a representative proceeding be given to such person or persons, and in such manner, as the Court thinks appropriate.
The notice instituting an appeal in relation to issues that are common to the claims of group members or sub‑group members must describe or otherwise identify the group members or sub‑group members, as the case may be, but need not specify the names or number of those members.
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