Check a proposed order over settlement-approval material in a class action
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Compare the proposed order with paragraphs 17.1 and 17.2 of the Class Actions Practice Note and with section 37AG. Record the ground the order states, the material it would cover, and how long it would last. Flag an order that states no ground, or that gives commercial sensitivity as the only reason. Do not rewrite the order.
- What the lawyer must review
- The lawyer decides whether any ground in section 37AG(1) is made out. Paragraph 17.2 says such orders will only be made if the Court is satisfied that the order is necessary to prevent prejudice to the proper administration of justice, which is section 37AG(1)(a), and the practice note cites Hogan v Australian Crime Commission (2010) 240 CLR 651 at [30] for the point that necessary is a strong word. The lawyer reads that judgment before relying on the citation. The lawyer settles the order so that it specifies the ground, as section 37AG(2) requires.
- 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 | Compare the proposed order with paragraphs 17.1 and 17.2 of the Class Actions Practice Note and with section 37AG. Record the ground the order states, the material it would cover, and how long it would last. Flag an order that states no ground, or that gives commercial sensitivity as the only reason. Do not rewrite the order. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the order specifies a ground that appears in section 37AG(1).
- Confirm commercial sensitivity alone is not treated as a ground.
- Confirm the check records that paragraph 17.2 uses the word necessary, and that the judgment cited in the practice note is for the lawyer to read.
- Confirm the tool has not rewritten the order.
Sources
- Class Actions Practice Note (GPN-CA), paragraphs 17.1 and 17.2 · 2026-10-22
- Federal Court of Australia Act 1976 (Cth) s 37AG · 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.