Small Claims Tribunals Act 1984 · 2020 Revised Edition · Part 2 · Establishment and Jurisdiction of Tribunals
27. Representative claims
Feedback & supportLast amended by an amending law of 2021. 2 amendments in all.
Subject to subsections (2) and (3), if 2 or more persons have claims against the same respondent, such claims may be brought in the name of one of such persons as the representative of some or all of them.
respondent
“respondent” means any person against whom a claim is made and any person who becomes a party to the proceedings on any claim in the capacity of a respondent;
The aggregate value of the claims of persons represented in a representative claim must not exceed —
in the case where section 5(4) applies to any of those persons’ claims, the prescribed extended limit; and
in any other case, the prescribed limit.
A tribunal may, if at any stage of the proceedings it considers that a representative claim may prejudice the respondent, order that the claims of all or any of the persons represented be heard separately.
tribunal
“tribunal” means a Small Claims Tribunal constituted under section 4 of the State Courts Act 1970;
Each person represented in a representative claim is deemed to have authorised the representative on the person’s behalf to —
call and give evidence and make submissions to a tribunal on any matter arising during the hearing of the claim;
file affidavits, statements or other documents;
agree to an adjournment or change of venue;
agree to a settlement of the claim on such terms as the representative thinks fit;
amend or abandon the claim; and
act generally in as full and free a manner as such claimant may act on his or her own behalf.
The authority deemed to be given to a representative by subsection (4) must not be withdrawn except by permission of the tribunal.
A tribunal may, at any time before determining any claim, grant permission to any person to join in the claim as a person represented on such terms as it may think fit.