Advise a New South Wales group member on opting out
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the orders, record the date fixed under section 162, any later date, and whether a written notice under the local rules is on the file. Do not decide that the member has opted out and do not draft the notice or the advice.
- What the lawyer must review
- Decide whether the member can still opt out under section 162
- Check the notice on the file is written notice under the local rules, given before the date fixed
- Write the advice and any notice yourself
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Supreme Court of New South Wales, representative proceedings
Produce. A date extract from the orders. The advice and the notice are written by the lawyer.
Have ready. Orders fixing the section 162 date; The local rules the lawyer identifies; The member's question, as the lawyer records it.
Example of the limit. Illustrative example: The orders fix a date and require notice under the local rules. The extract records both. It does not complete a notice and it does not advise the member.
Stop and hand it back when
- The tool drafts the advice or the notice.
- The opt-out date is taken from an order of another court.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. From the orders, record the date fixed under section 162, any later date, and whether a written notice under the local rules is on the file. Do not decide that the member has opted out and do not draft the notice or the advice. 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
- Section 162(1) and (2): the Court fixes the date, and the member may opt out by written notice given under the local rules before that date.
- The Court may, on the application of a group member, the representative party or the defendant, fix another date so as to extend the period during which a group member may opt out. Except with the leave of the Court, the hearing must not start earlier than the date before which a group member may opt out.
- Do not use a Victorian Form 18AB or a Federal Court form unless the lawyer has checked that the local rules adopt it.
- The tool does not explain the consequences of remaining a group member. The lawyer writes that advice.
Sources
- Civil Procedure Act 2005 (NSW) s 162, right of a group member to opt out · 2026-10-23
- Supreme Court of New South Wales: Practice Note SC Gen 23, use of generative artificial intelligence · 2026-10-23
Practice Note SC Gen 23 applies to Supreme Court documents. It does not authorise the tool to write this advice.
There is no group costs order section in the provisions opened. Do not assume section 33ZDA applies.