Advise a Victorian group member on opting out
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the orders, record the date before which a group member may opt out under section 33J, any later date the Court has fixed, 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, or whether to apply to extend the period
- Check any notice is in writing and follows Practice Note SC GEN 10, rule 18A.04 and Form 18AB
- 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 Victoria, group proceedings
Produce. A date extract from the orders. The advice and the notice are written by the lawyer.
Have ready. Orders fixing the opt-out date; Any later order; The member's question, as the lawyer records it.
Example of the limit. Illustrative example: The orders fix an opt-out date next month. The extract records that date and that Form 18AB is the prescribed notice. It does not say the member should opt out, and it does not complete the form.
Stop and hand it back when
- The tool produces the advice or the notice.
- No order fixing a date is on the file and no extension application is instructed.
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 before which a group member may opt out under section 33J, any later date the Court has fixed, 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 33J(1) and (2): the Court fixes the date, and the member may opt out by notice in writing before that date.
- The Court may extend the period on the application of a group member, the plaintiff or the defendant. Except with leave, the trial must not start before the opt-out date.
- Practice Note SC GEN 10 paragraph 11.1: the form of the notice is prescribed by the Supreme Court (General Civil Procedure) Rules 2015, rule 18A.04 and Form 18AB.
- Unless the Court otherwise orders, a person who has opted out is taken never to have been a group member. The lawyer explains that consequence. The tool does not.
Sources
- Supreme Court Act 1986 (Vic) s 33J, right of a group member to opt out · 2026-10-23
- Supreme Court of Victoria: Practice Note SC GEN 10, conduct of group proceedings · 2026-10-23
A group costs order under section 33ZDA may matter to the advice. It is not a reason for the tool to draft the advice.
Practice Note SC GEN 25 applies to Supreme Court users. The advice itself is written by the lawyer.