---
title: "Advise where claims that are not common will be decided"
url: "https://ailawframework.com/practice/class-actions-representative-proceedings/advise-where-claims-that-are-not-common-will-be-decided"
type: "task"
site: "AI Law Framework"
id: "A7-LA20261022-10"
practice_area: "Class Actions / Representative Proceedings"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Advise where claims that are not common will be decided

> From the reasons and the orders after the initial trial, list the issues found to be common and the issues that remain.…

Canonical page: https://ailawframework.com/practice/class-actions-representative-proceedings/advise-where-claims-that-are-not-common-will-be-decided  
Last reviewed: 2026-10-22

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 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

- What the AI does: 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 does: 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.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.
- Restriction: The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

## Checks the lawyer makes

1. Check the split between common and remaining issues against the reasons, not against a summary.
2. If a sub-group representative is proposed, confirm section 33Q(3) on costs has been read.
3. Confirm section 33R is marked as not yet read before any advice relies on it.
4. Confirm the tool has not chosen the procedure.

## Notes

- 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.

## Sources

- [Class Actions Practice Note (GPN-CA), paragraph 13.3](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-ca) (checked 2026-10-22)
- [Federal Court of Australia Act 1976 (Cth) s 33Q](https://classic.austlii.edu.au/au/legis/cth/consol_act/fcoaa1976249/s33q.html) (checked 2026-10-22)
- [Federal Court of Australia Act 1976 (Cth) s 33S](https://classic.austlii.edu.au/au/legis/cth/consol_act/fcoaa1976249/s33s.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/class-actions-representative-proceedings/advise-where-claims-that-are-not-common-will-be-decided/united-states.md) | Red |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*