Advise a Queensland 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 103G, any later date, and whether a written notice 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 103G
- Check the notice is written and that its form is one the Court approves under Practice Direction 8 of 2023
- 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 Queensland, 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 103G date; Any approved form of notice; The member's question, as the lawyer records it.
Example of the limit. Illustrative example: The class actions list has fixed an opt-out date. The extract records the date and that the Court approves the notice. It does not advise the member to stay in or to opt out.
Stop and hand it back when
- The tool drafts the advice or the notice.
- The date is taken from a Victorian or Federal Court order.
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 103G, any later date, and whether a written notice 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 103G(1) and (2): the court fixes the date, and the member may opt out by written notice before that date.
- A group member, the representative party or the defendant may apply for a later date. Except by leave, the hearing must not start before the opt-out date.
- Practice Direction 8 of 2023 deals with the opt-out date at a case conference and says the form, content and manner of distribution are approved by the Court.
- Do not use the Victorian form or the Federal Court provision in place of the Queensland order.
Sources
- Civil Proceedings Act 2011 (Qld) s 103G, right of a group member to opt out · 2026-10-23
- Supreme Court of Queensland: Practice Direction 8 of 2023, class actions list · 2026-10-23
The practice direction's text extraction is uneven. The section 103G text was opened separately and is the source for the right to opt out.
The Queensland Courts generative AI page points lawyers to the practice directions on accuracy of references if a submission is later filed. The advice is still written by the lawyer.