Advise a group member on opting out of a representative proceeding
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the orders, record the date before which a group member may opt out, and whether a later date has been fixed. Record whether a written notice is already on the file. Do not decide that the member has opted out and do not draft the notice.
- What the lawyer must review
- The lawyer decides whether the member can still opt out under section 33J, whether to apply for a later date, and whether the hearing can start. The notice must be a written notice given under the Rules of Court. The lawyer reads those rules. They were not the text used for this advice. The lawyer writes the advice and any notice.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. From the orders, record the date before which a group member may opt out, and whether a later date has been fixed. Record whether a written notice is already on the file. Do not decide that the member has opted out and do not draft the notice. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Check the opt-out date against the order, not against a summary.
- Confirm the advice does not treat a conversation or an email, by itself, as the written notice section 33J(2) requires.
- If the hearing date is before the opt-out date, confirm leave is addressed.
- Confirm the Rules of Court are marked as still to be read before a notice is sent.
Sources
- Federal Court of Australia Act 1976 (Cth) s 33J · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.