Submission: In response to the draft Civil Procedure Amendment (Supreme Court Representative Proceedings) Bill

Our view in summary

The value of representative proceedings is in addressing problems that affect a number of persons in one proceeding, such that the matters may be dealt with effectively and expeditiously. Further, representative actions permit for matters to be properly presented which individually would not justify the cost of litigation but together can represent large amounts affecting many people. This provides a check and balance to those who would profit unlawfully at the expense of others with some level of impunity, where those persons will never be able to pursue an individual remedy. 

We recommended that the opportunity is taken to address the issue of representation of the interests of disadvantaged persons by action taken on their behalf by a representative organisation.

RLC submitted that the current law as discussed in the case of Access for All Alliance (Hervey Bay) Inc is too narrow. It was put forward that it should be sufficient that the organisation has the objective of representing the interests of its members, be a not-for-profit organisation and its membership includes a person or persons with 'sufficient interest' or 'standing' to commence proceedings on the person's own behalf against the defendant or defendants.