Uniform Civil Procedure Rules (Amendment No 41) 2011 (NSW)

2011 No 101

New South Wales

Uniform Civil Procedure Rules

(Amendment No 41) 2011

under the

Civil Procedure Act 2005

The Uniform Rules Committee has made the following rules of court under the Civil

Procedure Act 2005.

Steven Jupp

Secretary of the Uniform Rules Committee

Explanatory note

The object of these Rules is to make provision for the notice requirements with which a group member who wishes to opt out of representative proceedings in the Supreme Court under Part 10 of the Civil Procedure Act 2005 must comply.

Published LW 25 February 2011	Page 1
2011 No 101
Rule 1	Uniform Civil Procedure Rules (Amendment No 41) 2011

Uniform Civil Procedure Rules (Amendment No 41) 2011

under the

Civil Procedure Act 2005

1      Name of Rules

These Rules are the Uniform Civil Procedure Rules (Amendment No 41)
2011.

2      Commencement

These Rules commence on 4 March 2011 and are required to be published on the NSW legislation website.

2011 No 101

Uniform Civil Procedure Rules (Amendment No 41) 2011

Amendment of Uniform Civil Procedure Rules 2005	Schedule 1
Schedule 1	Amendment of Uniform Civil Procedure Rules 2005

Part 58

Insert after Part 57:

Part 58 Representative proceedings

58.1

Introduction

(1)	This Part applies to representative proceedings commenced under Part 10 of the Act.
(2)	Words and expressions used in this Part have the same meanings as they have in Part 10 of the Act.
(3)	In this Part: the Act means the Civil Procedure Act 2005.

58.2

Opt out notice

(1)	A group member who wishes to opt out of representative proceedings in accordance with Division 2 of Part 10 of the Act must do so by filing and serving on the representative party a notice in the approved form.
(2)	The representative party must, within 14 days after the opt out date, provide to each of the other parties to the proceedings a list of persons who have filed and served opt out notices in accordance with this Part.
(3)	In this clause: opt out date means the date fixed by the Court before which a group member may opt out of representative proceedings.