---
title: "Advise a Queensland 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/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A7-LA20261022-14-QLD"
practice_area: "Class Actions / Representative Proceedings"
tier: "red"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Advise a Queensland group member on opting out

> 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.

Canonical page: https://ailawframework.com/practice/class-actions-representative-proceedings/advise-a-group-member-on-opting-out-of-a-representative-proceeding/queensland  
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 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 |
| Written for | Queensland |
| 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 103G requires the court to fix an opt-out date. The member gives written notice before that date. The lawyer writes the advice.

- What the AI does: 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 does: The lawyer writes the advice and any notice, and decides whether to apply for a later 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 103G(1) and (2): the court fixes the date, and the member may opt out by written notice before that date.
2. 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.
3. 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.
4. Do not use the Victorian form or the Federal Court provision in place of the Queensland order.

## Notes

- 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.

## Practical guide

Jurisdiction: Supreme Court of Queensland, representative proceedings

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

**Inputs**

- Orders fixing the section 103G date
- Any approved form of notice
- The member's question, as the lawyer records it

**Example**: 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 escalate when**

- The tool drafts the advice or the notice.
- The date is taken from a Victorian or Federal Court order.

Checked 2026-10-23.

## Sources

- [Civil Proceedings Act 2011 (Qld) s 103G, right of a group member to opt out](https://classic.austlii.edu.au/au/legis/qld/consol_act/cpa2011175/s103g.html) (checked 2026-10-23)
- [Supreme Court of Queensland: Practice Direction 8 of 2023, class actions list](https://www.courts.qld.gov.au/__data/assets/pdf_file/0003/757731/sc-pd-08-of-2023.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.*