Advise where claims that are not common will be decided
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the reasons and the orders after the initial trial, list the issues found to be common and the issues that remain. For each remaining issue, record whether it is common to all group members, common only to some, or concerns only one member. Do not choose the procedure.
- What the lawyer must review
- The lawyer advises whether directions should be sought under section 33Q, or directions for a separate proceeding or a further representative proceeding under section 33S. Paragraph 13.3 of the Class Actions Practice Note also names section 33R as a way to determine individual claims inside the existing proceeding. That section was not opened. The lawyer reads it before relying on it. Section 33S applies where an issue cannot properly or conveniently be dealt with under section 33Q or section 33R. The lawyer writes the advice and any proposed directions.
- 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 reasons and the orders after the initial trial, list the issues found to be common and the issues that remain. For each remaining issue, record whether it is common to all group members, common only to some, or concerns only one member. Do not choose the procedure. 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
- Check the split between common and remaining issues against the reasons, not against a summary.
- If a sub-group representative is proposed, confirm section 33Q(3) on costs has been read.
- Confirm section 33R is marked as not yet read before any advice relies on it.
- Confirm the tool has not chosen the procedure.
Sources
- Class Actions Practice Note (GPN-CA), paragraph 13.3 · 2026-10-22
- Federal Court of Australia Act 1976 (Cth) s 33Q · 2026-10-22
- Federal Court of Australia Act 1976 (Cth) s 33S · 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.