Document ID: chunk:federal_register_of_legislation:C2024C00819:section:33w
Version: federal_register_of_legislation:C2024C00819
Segment Type: section
Provision Reference: s 33W
Character Range: 250276–251546

33W  Settlement of individual claim of representative party
 (1) A representative party may, with leave of the Court, settle his or her individual claim in whole or in part at any stage of the representative proceeding.
 (2) A representative party who is seeking leave to settle, or who has settled, his or her individual claim may, with leave of the Court, withdraw as representative party.
 (3) Where a person has sought leave to withdraw as representative party under subsection (2), the Court may, on the application of a group member, make an order for the substitution of another group member as representative party and may make such other orders as it thinks fit.
 (4) Before granting a person leave to withdraw as a representative party:
 (a) the Court must be satisfied that notice of the application has been given to group members in accordance with subsection 33X(1) and in sufficient time for them to apply to have another person substituted as the representative party; and
 (b) any application for the substitution of another group member as a representative party has been determined.
 (5) The Court may grant leave to a person to withdraw as representative party subject to such conditions as to costs as the Court considers just.

Division 3—Notices