Advise on a representative party settling their own claim
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the proposed terms, record whether the settlement is of the representative party's individual claim, in whole or in part, and whether leave to withdraw as representative party is also sought. Record whether notice of a withdrawal application has been given to group members and whether any group member has applied to be substituted. Do not draft the application.
- What the lawyer must review
- The lawyer decides whether to seek leave under section 33W to settle the individual claim or to withdraw, what notice section 33W(4) requires, and what costs conditions to propose. The lawyer writes the application. This is not an application to stop the proceeding being a representative proceeding, and it is not approval of a settlement of the group claim.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. From the proposed terms, record whether the settlement is of the representative party's individual claim, in whole or in part, and whether leave to withdraw as representative party is also sought. Record whether notice of a withdrawal application has been given to group members and whether any group member has applied to be substituted. Do not draft the application. 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
- Confirm the settlement is of the representative party's individual claim, not of the group claim.
- If withdrawal is sought, confirm notice under section 33X(1) and the time for a substitution application are addressed.
- Confirm any substitution application is determined before leave to withdraw is treated as available.
- Confirm the tool has not drafted the application.
Sources
- Federal Court of Australia Act 1976 (Cth) s 33W · 2026-10-22
- Federal Court of Australia Act 1976 (Cth) s 33X · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.