Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p10
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 10/43)
Character Range: 135783–138381

it has in that Part.
Note: Group member, representative party and representative proceeding are defined in section 33A of Part IVA of the Act.  Part IVA of the Act provides for the procedure that must be adopted in representative proceedings.

9.32  Starting a representative proceeding
  A person who wants to start a representative proceeding under Part IVA of the Act must file an originating application, in accordance with Form 19.
Note: For the contents of an application starting a representative proceeding, or a document filed in support of such an application, see section 33H of the Act.

9.33  Person may give consent to be a group member
  A person mentioned in section 33E(2) of the Act may give consent to be a group member, in accordance with Form 20.

9.34  Opt out notices
  An opt out notice under section 33J(2) of the Act must be in accordance with Form 21.
Note: A group member may opt out in accordance with section 33J of the Act.

9.35  Application for order relating to the procedure to be followed in a representative proceeding
 (1) A party may apply to the Court for an order under section 33K, 33W, 33X or 33ZA of the Act, in accordance with Form 22.
 (2) An application for an order under subrule (1) must be accompanied by an affidavit stating:
 (a) the identity of the group members; and
 (b) the whereabouts of the group members; and
 (c) the means by which a notice is most likely to come to the attention of the group members.
Rules 9.36–9.40 left blank

Division 9.4—Partnerships

9.41  Proceeding by or against partners in partnership name
 (1) Two or more persons claiming as partners may start a proceeding in the partnership name.
 (2) A proceeding may be brought against 2 or more persons who it is claimed are liable as partners in the partnership name.
 (3) The partnership name must be the name of the partnership when the cause of action arose.
 (4) The proceeding must continue in the partnership name and not in the names of the individual partners.
Note 1: Partnership name is defined in the Dictionary.
Note 2: For service of a proceeding against partners in the partnership name, see rule 10.05.
Note 3: An address for service must be entered if a proceeding is brought against a partnership name—see rule 10.05.

9.42  Disclosure of partners' names
 (1) A party may, by written notice, require a partnership that is a party to a proceeding to disclose the description of each person who was a partner in the partnership at the time when the cause of action is claimed to have arisen.
 (2) If the partnership does not give the required information