---
title: "Advise a New South Wales group member on opting out"
url: "https://ailawframework.com/practice/class-actions-representative-proceedings/advise-a-group-member-on-opting-out-of-a-representative-proceeding/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A7-LA20261022-14-NSW"
practice_area: "Class Actions / Representative Proceedings"
tier: "red"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Advise a New South Wales group member on opting out

> 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.…

Canonical page: https://ailawframework.com/practice/class-actions-representative-proceedings/advise-a-group-member-on-opting-out-of-a-representative-proceeding/new-south-wales  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Class Actions / Representative Proceedings](https://ailawframework.com/practice/class-actions-representative-proceedings.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| 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 |
| Written for | New South Wales |
| Applies to | [Advise a group member on opting out of a representative proceeding](https://ailawframework.com/practice/class-actions-representative-proceedings/advise-a-group-member-on-opting-out-of-a-representative-proceeding.md) |

## Checking plan

**Verify against sources**

Section 162 requires the Court to fix an opt-out date. The member opts out by written notice under the local rules. The lawyer writes the advice.

- What the AI does: 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 does: The lawyer writes the advice and any notice, and decides whether to apply for another date.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. 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.
2. 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.
3. Do not use a Victorian Form 18AB or a Federal Court form unless the lawyer has checked that the local rules adopt it.
4. The tool does not explain the consequences of remaining a group member. The lawyer writes that advice.

## Notes

- 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.

## Practical guide

Jurisdiction: Supreme Court of New South Wales, representative proceedings

**Deliverable**: A date extract from the orders. The advice and the notice are written by the lawyer.

**Inputs**

- Orders fixing the section 162 date
- The local rules the lawyer identifies
- The member's question, as the lawyer records it

**Example**: 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 escalate when**

- The tool drafts the advice or the notice.
- The opt-out date is taken from an order of another court.

Checked 2026-10-23.

## Sources

- [Civil Procedure Act 2005 (NSW) s 162, right of a group member to opt out](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cpa2005167/s162.html) (checked 2026-10-23)
- [Supreme Court of New South Wales: Practice Note SC Gen 23, use of generative artificial intelligence](https://supremecourt.nsw.gov.au/documents/Practice-and-Procedure/Practice-Notes/general/current/PN_SC_Gen_23.pdf) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*