Document ID: chunk:federal_register_of_legislation:C2022A00085:clause:4_46pob
Version: federal_register_of_legislation:C2022A00085
Segment Type: clause
Provision Reference: sch 4 cl 46POB
Character Range: 32587–34179

46POB  Additional rules applying to representative applications

Separate applications may not be made
 (1) A person on whose behalf a representative application is made is not entitled to make a separate application under subsection 46PO(1) in respect of the same subject matter unless the person opts out under subsection (3) of this section.

Right to opt out
 (2) If a representative application is made, the court concerned must fix a date before which a person may opt out of the proceeding commenced by the application.
 (3) A person on whose behalf the application is made (other than the person who made the application) may opt out of the proceeding by written notice to the court concerned:
 (a) before the date so fixed; and
 (b) in accordance with the rules of court of the court concerned (if any).
 (4) The court concerned, on the application of the person who made the application, a respondent or a person on whose behalf the application is made, may fix another date so as to extend the period during which a person may opt out of the proceeding.
 (5) Except with the leave of the court concerned, the hearing of the proceeding must not commence earlier than the date before which a person may opt out of the proceeding.

Settlement and discontinuance
 (6) A proceeding commenced by a representative application may not be settled or discontinued without the approval of the court concerned.
 (7) If the court concerned gives such an approval, it may make such orders as are just with respect to the distribution of any money paid under a settlement or paid into the court.