The Commission is to examine whether the principles, practices and procedures pertaining to representative proceedings being commenced in the courts of Western Australia require reform.
Terms of Reference
The Law Reform Commission of Western Australia is to examine and report upon whether, and if so in what manner, the principles, practices and procedures pertaining to representative proceedings require reform, and in particular giving close consideration to:
- the need for a detailed guiding framework for the manner in which representative proceedings are to be conducted or concluded;
- the need to reduce the uncertainty and lack of clarity in the area;
- the adoption of an appropriate and effective model, either through amendment to the Supreme Court Rules or statutory reform, taking into account recent developments regarding representative proceedings in other jurisdictions both nationally and internationally;
- the need to ensure that representative proceedings are conducted in a fair manner which gives those who will be bound by orders made in the proceedings a reasonable opportunity to decide whether or not to participate in the proceedings and to be heard in relation to issues affecting their rights; and
- any related matter.
The Commission was also asked to report on the adequacy thereof and on any desirable changes to the existing law, practices and administration in relation thereto.
Outcomes
The Final Report was tabled in Parliament on 21 October 2015.
