Representative Proceedings

This Practice Note replaces the Practice Note SC Gen 17 issued on 31 July 2017 and commences on 1 August 2024.

Application

This Practice Note applies to representative proceedings (commonly referred to as “class actions”) under Part 10 of the Civil Procedure Act.

Introduction

Representative proceedings under Part 10 of the Civil Procedure Act 2005 (NSW), commonly described as class actions, present complexities which are unique compared to other forms of civil and commercial litigation. This Practice Note is designed to facilitate the management of representative proceedings in a manner consistent with Part 6 of the Civil Procedure Act. This Practice Note sets out guiding principles applicable to all representative proceedings commenced in the Supreme Court. The principles are not intended to be inflexibly applied and the Court will adopt such processes as are best designed to achieve the overriding purpose referred to in s 56 of the Civil Procedure Act, namely the facilitation of the just, quick and cheap resolution of the real issues in the proceedings. A party to representative proceedings is under a duty to assist the court to further the overriding purpose. Parties are encouraged proactively, collaboratively and expeditiously to identify issues which require the attention of the Court as well as proposals for how such issues might be addressed in a manner best designed to achieve the overriding purpose in the particular case.