Reissued Practice Note SC Gen 17 – Supreme Court Representative Proceedings

25/07/2024

The New South Wales Chief Justice has reissued Practice Note SC Gen 17 – Supreme Court Representative Proceedings (“Class Actions”), with a commencement date of 1 August 2024.

The revised Practice Note includes the following changes:

• The Practice Note sets out guiding principles applicable to all representative proceedings commenced in the Supreme Court.

• 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.

• Representative proceedings are to be commenced in the Division of the Court appropriate to their subject matter.

• At the time of commencement, the plaintiff’s solicitor must file and serve a Class Action Summary Statement, containing certain specified information, including the annexation of any litigation funding agreement.

• Lawyers for the parties are under an obligation to inform the Court of any competing class action proceedings of which they become aware.

• Unless otherwise ordered, an application for approval by the Court of a settlement or discontinuance of proceedings must be made by Notice of Motion.

The Practice Note can be viewed here.