Civil Procedure (Representative Proceedings) Act 2022

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.