Tuesday, 5 November 2013

Opt out notice
115 http://www.ucprforms.lawlink.nsw.gov.au/ucprforms/index.html

Form 115 (version 2)
UCPR 58.2

OPT OUT NOTICE

COURT DETAILS
Court
Supreme Court of New South Wales
#Division

#List

Registry
Sydney Registry
Case number

TITLE OF PROCEEDINGS
[First] plaintiff
[name]
#Second plaintiff #Number of plaintiffs (if more than two)





[First] defendant
[name]
#Second defendant #Number of defendants (if more than two)

FILING DETAILS
Filed for
[name], person opting out of representative proceedings
#Legal representative
[solicitor] [firm]
#Legal representative reference
[reference number]
Contact name and telephone
[name] [telephone]
Contact email
[email address]
OPT OUT NOTICE
Name of person opting out

Address of person opting out

I, a group member in these representative proceedings, opt out of the proceedings.
I understand that in opting out:
  1. I forego the right to share in any relief obtained by the representative party in the representative proceedings;
  2. I am not entitled to receive any further notification about the conduct or disposition of the proceedings; and
  3. To the extent that I have a claim against the defendant(s), any limitation period suspended by the commencement of the representative proceedings has recommenced to run.
SIGNATURE
#Signature of legal representative

#Signature of or on behalf of person opting out if not legally represented

Capacity
[eg solicitor, authorised officer of person opting out, person opting out]
Date of signature


NOTICE TO PERSON OPTING OUT
    You must, within the time specified in the notice to group members:

  1. file this form in the registry of the court at the address below, or in the manner provided in the notice to group members; and
  2. serve a copy of this form on the representative party at the address, or in the manner provided, in the notice to group members.
    REGISTRY ADDRESS
    Street address
    Supreme Court of NSW
    Law Courts Building, Queen's Square
    184 Phillip Street
    Sydney NSW 2000
    Postal address
    Supreme Court of NSW
    GPO Box 3
    Sydney NSW 2001
    DX
    Supreme Court of NSW
    DX 829 Sydney
    Telephone
    1300 679 272

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