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

# Advise a Victorian group member on opting out

> 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.…

Canonical page: https://ailawframework.com/practice/class-actions-representative-proceedings/advise-a-group-member-on-opting-out-of-a-representative-proceeding/victoria  
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 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 |
| Written for | Victoria |
| 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 33J requires the Court to fix an opt-out date. The member opts out by notice in writing. The lawyer writes the advice and the notice.

- What the AI does: 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 does: The lawyer writes the advice and any opt-out notice, and decides whether an extension will be sought.
- 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 33J(1) and (2): the Court fixes the date, and the member may opt out by notice in writing before that date.
2. 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.
3. 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.
4. 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.

## Notes

- 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.

## Practical guide

Jurisdiction: Supreme Court of Victoria, group proceedings

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

**Inputs**

- Orders fixing the opt-out date
- Any later order
- The member's question, as the lawyer records it

**Example**: 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 escalate when**

- The tool produces the advice or the notice.
- No order fixing a date is on the file and no extension application is instructed.

Checked 2026-10-23.

## Sources

- [Supreme Court Act 1986 (Vic) s 33J, right of a group member to opt out](https://classic.austlii.edu.au/au/legis/vic/consol_act/sca1986183/s33j.html) (checked 2026-10-23)
- [Supreme Court of Victoria: Practice Note SC GEN 10, conduct of group proceedings](https://www.supremecourt.vic.gov.au/areas/legal-resources/practice-notes/sc-gen-10-conduct-of-group-proceedings-class-actions-second) (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.*