Commencement of representative proceeding
6 Commencement of representative proceeding
A proceeding may be commenced as a representative proceeding 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 issue of law or fact.
A representative proceeding is a proceeding commenced by one or more of those persons on behalf of and as representing some or all of them.
A representative proceeding 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.
A representative proceeding may be commenced whether or not the proceeding —
is concerned with separate contracts or transactions between the respondent in the proceeding and individual group members; or
involves separate acts or omissions of the respondent done or omitted to be done in relation to individual group members.
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