Practice area

Class Actions / Representative Proceedings

Define the intended work in Class Actions / Representative Proceedings, confirm the applicable requirements and select a task to plan the necessary review.

Key facts

Tasks covered
15
Tasks with a step-by-step checklist
4
Local differences
3 jurisdictions where this area changes

Jurisdiction

Tasks

GreenLawyer reviewYellowClose supervisionRedLawyer-led

Tasks in Class Actions / Representative Proceedings
TaskHow AI is usedHuman involvementWhat the lawyer must review
Build a class-action viability memo against the s 33C FCA Act thresholdChecklistStart this taskSee suggested levelsFrom the facts brief and samples, table possible claims, class-size inputs against the s 33C seven-member threshold and candidate common questions, with facts needed.RedLawyer-led
  • Keep the output internal until re-derived
  • Verify every authority and the s 33C(1)(a)–(c) elements (or state equivalent)
  • Check limitation, s 33ZE suspension and tolling
  • Test the common questions
  • For securities claims, apply the s 674/674A version in force at the time (pre- or post-May 2021)
Draft the group or class definition from the claim theoryStart this taskSee suggested levelsDraft alternative class definitions (included, excluded, class period) mapped to the pleaded claims, and list over- and under-inclusion risks.YellowClose supervision
  • Make the definition workable for notice and administration
  • Check it against evidence of who was actually affected
Run a first-pass TAR review of the class-action discovery set under GPN-AIChecklistStart this taskSee suggested levelsFrom a lawyer-cleared corpus, cluster documents, flag hot families and draft privilege-log entries and an issues list. Lists must conform to FCR rr 20.14–20.17 (GPN-AI).YellowClose supervision
  • Conform the list to FCR rr 20.14, 20.15 and 20.17 (GPN-AI, 16 April 2026)
  • Document TAR method, recall, precision and seed set
  • Notify the other side as directed (GPN-CA)
  • Have a lawyer review privilege calls
  • QC-sample produced and withheld sets
  • Keep confidential or suppressed material out of the tool
Draft class notices: opt-out, registration and settlementStart this taskSee suggested levelsCheck the lawyer's draft notice against the court's notice orders or, before they are made, the orders sought and the court's sample notices, the class definition and, for a settlement notice, the deed and the distribution scheme, and list each required element — including who is a group member in the terms of the pleaded class definition, the opt-out date and how to opt out, that a group member who does not opt out will be bound by the judgment or approved settlement and cannot bring their own claim, the registration deadline and the consequence of not registering, the effect of the settlement on group members' rights and the release, how and by when to object, funding and deduction statements, and contact points — as present, missing or inconsistent with its source. List the notice steps the orders require, then check them against the methods, recipient lists and dates actually proposed — post, email, advertisement, website, market announcement — and set out each required step beside the step proposed, flagging any gap.RedLawyer-ledThe lawyer writes the notice. Notice content and method are court-controlled: work from the sealed orders as made rather than a draft, confirm that the opt-out date, the registration deadline, the stated consequence of not registering, the binding effect on a group member who does not opt out and, in a settlement notice, the release and the objection date match the orders, the class definition and the deed, and do not give notice until the court has approved it where approval is required.
Model a settlement distribution scheme from the class dataStart this taskSee suggested levelsFrom lawyer-supplied class data and the settlement heads, draft a distribution-scheme outline (eligibility, proof, tranches) and an issues list of data gaps.RedLawyer-led
  • Decide quantum and fairness yourself and, where required, with the court
  • Do not invent class-member losses
Compare competing class actions and draft the GPN-CA carriage or consolidation noteChecklistStart this taskSee suggested levelsCompare competing filings on group definition, funding, lead plaintiff and proposed orders, and draft a carriage or consolidation note with cites. Re-derive every fact before filing.RedLawyer-led
  • Use current filed versions
  • Apply current GPN-CA and case law on group members' interests
  • Apply the court's protocol (the joint Federal Court–Victorian Supreme Court protocol differs)
  • Check statements about rival funding
  • Include GPN-AI disclosure
Compile the court book and a hearing chronologyStart this taskSee suggested levelsDraft a bundle index and dated chronology from the pleaded case and key exhibits, and list missing documents.YellowClose supervision
  • Match the index to the final book
  • Source every chronology row
Draft the representative plaintiff's affidavit from the proofStart this taskSee suggested levelsThe tool writes no part of the affidavit — no draft, no paragraph, no heading, no jurat or annexure wording. Before the lawyer drafts, the tool may build a strictly tabular, source-tagged table of the representative's dealings, acquisitions and losses by date, each row set beside the source document it comes from and drawn from the source documents rather than the proofing note or anything the representative said; it is a table of documents, not an outline or a paragraph order for the affidavit. Once the lawyer has drafted, index the exhibits against the lawyer's draft, compare each paragraph against the proofing note and the source documents, and list every assertion with no source. Check the affidavit's form against the court's affidavit rules and the class actions practice note.RedLawyer-ledThe lawyer drafts the affidavit from the proof and the representative swears only their own words, checked back to what the representative actually said, with opinion and submission kept out. Adequacy of representation is a legal issue decided on the evidence and the group definition, not a drafting issue.
Draft expert instructions and review the draft class-action reportStart this taskSee suggested levelsOrganise the common questions, the class definition and the assumed facts the lawyer has settled into a schedule that sets the pleaded common question, the source document and the assumed fact beside each, and list the material the expert has not yet been given. On the returned draft, table each assumption, the sample frame and each opinion against the common question it answers, flagging every assumption with no source in the brief, every sample criterion that does not match the class definition, and every question in the letter the report does not answer. The lawyer writes the letter of instruction; the tool writes nothing into it and nothing into the expert's report.RedLawyer-ledThe lawyer writes the letter of instruction and settles every question and assumed fact in it, confirming each is supported by the pleaded common questions and by provable evidence. Check that the expert's sample and methodology match the class definition and not merely the pleading, and remember that a determination on a common question binds group members who never saw the letter. The instructions are disclosable with the report; the expert's duty is to the court and the opinion stays the expert's own, and disclose any AI use in preparing material that informed it where the court's practice note requires.
Draft the representative pleading from the facts-and-issues briefStart this taskSee suggested levelsOrganise the facts-and-issues brief into a table that records beside each fact the source document and whether the brief puts the fact as shared across the group or as personal to the representative, and that sets each common question the lawyer has identified against the facts the brief itself puts forward as supporting it. Then compare the pleading the lawyer has drafted against that table, the court's rules for representative proceedings and its class actions practice note, and list every allegation with no source and every departure from the pleading rules; the tool writes no part of the pleading.RedLawyer-ledThe lawyer drafts and settles the pleading, including the group description and the common questions. The group description as filed fixes who is bound by the judgment and whose limitation period is suspended: anyone left outside it keeps running down their own time, and amending the group later cannot be assumed to give that time back. The lawyer must be able to give the proper-basis and reasonable-prospects certification required in the court where the proceeding is filed, for every allegation, and every pleaded common question needs an evidentiary foundation rather than only a place in the brief.
Draft the settlement-approval affidavit and s 33V(1) submissionsChecklistStart this taskSee suggested levelsIndex the settlement deed, distribution scheme and the funding, costs and commission material as exhibits, and table every settlement sum, deduction, fee and litigation-history date beside the source document it comes from, flagging figures to source-check. The tool writes no part of the s 33V(1) affidavit and, in this task, no part of the submissions either, because the approval submissions restate the sworn material — no draft, no scaffold, no suggested paragraphs. Against the affidavit and the submissions the lawyer has written, list each assertion with no source on the file.RedLawyer-led
  • Re-draft fully; verify the sum, scheme and payment mechanics
  • Give a real risk analysis
  • Disclose commission and fees under s 33ZF and Kain [2025] HCA 28
  • Note Kain: no solicitors' CFO from the class fund in the Federal Court
  • Depose only to personal knowledge (GPN-AI)
  • Check ASIC v Noumi [2025] FCA 1524
Draft group-member updates and registration communicationsStart this taskSee suggested levelsFrom the current orders and the registration process, draft member-update text and a FAQ, with a list of personal data fields that must not go into the tool.YellowClose supervision
  • Check court restrictions on communication with the class
  • Do not load member lists into a public tool
Draft a funder or client risk memo from the case fileStart this taskSee suggested levelsFrom the pleaded case and budget inputs, draft an internal risk memo structure (liability theory, remaining steps, budget risks) with source flags.YellowClose supervision
  • Do not send a generated memo to a funder
  • Set figures and prospects yourself
Reconcile group-member data to the class definitionStart this taskSee suggested levelsCompare the registration or client list with the class definition and produce inclusion/exclusion flags, duplicates and missing proof fields.YellowClose supervision
  • Decide eligibility on the class definition yourself
  • Do not treat a generated flag as membership
Prepare a first-pass loss-methodology issues list from sample filesStart this taskSee suggested levelsFrom a sample of member files and the expert's outline, list data fields needed for loss, gaps and inconsistent recording.YellowClose supervision
  • Leave methodology to the expert and the court
  • Treat the list as a data-readiness check only

Firm-wide obligations

Firm-wide obligations
ObligationWhat it covers
Trust accounting & handling client moneyChecks that apply across files.
Costs, billing & litigation fundingChecks that apply across files.
Client-facing & access-to-justice AI toolsChecks that apply across files.
Incoming evidence — deepfakes & synthetic documentsChecks that apply across files.
AI decision systemsChecks that apply across files.
Confidentiality & client informationChecks that apply across files.
AML/CTF — the practice as a reporting entityChecks that apply across files.
What changes in Australia
What changes in Australia
TopicWhat changes
LawPart IVA Federal Court of Australia Act 1976 (Cth); Pt 10 Supreme Court Act 1986 (Vic); Pt 10 CPA (NSW); Part 9A District Court Act 1973 (NSW).
Class-wide riskA wrong authority, group definition or limitation date can extinguish the rights of the whole class, with no individual recovery.
Group-member dataLarge volumes of confidential member data. Informal AI use in review, communications and loss modelling can bypass the firm's controls.
Court controlNotices and settlements need court approval, and outcomes bind people who never instructed a lawyer.
GPN-AIFederal Court GPN-AI (16 April 2026) imposes disclosure and verification duties. Filing unverified AI output exposes the responsible lawyer to personal adverse costs orders.

Precedents for this area

All precedents for Class Actions / Representative Proceedings. Signed-in accounts can read the full text.

Related jurisdictions