Check an originating application against the representative-proceeding content rules
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Compare the originating application and the supporting document the lawyer selects with section 33H. Record whether group members are described or identified, whether it was unnecessary to name them or number them, whether the nature of the claims and the relief are specified, and whether the common questions are specified. Quote the paragraph of the document for each item. Do not rewrite the pleading.
- What the lawyer must review
- The lawyer decides whether section 33H is met and whether the description of group members also meets section 33C, which the practice note tells the parties to be ready to address. The lawyer amends the pleading if it does not.
- 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 originating application and the supporting document the lawyer selects with section 33H. Record whether group members are described or identified, whether it was unnecessary to name them or number them, whether the nature of the claims and the relief are specified, and whether the common questions are specified. Quote the paragraph of the document for each item. Do not rewrite the pleading. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Check each quoted paragraph against the pleading, not against a summary of the claim.
- Confirm the list does not treat silence on the number of group members as a defect.
- Confirm section 33C has been read by the lawyer before the class description is settled. This check does not restate section 33C.
Sources
- Federal Court of Australia Act 1976 (Cth), section 33H · 2026-10-22
- Federal Court of Australia, Class Actions Practice Note (GPN-CA) · 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.
Section 33C was not opened for this task. The practice note cites it. Read the section before giving advice on the threshold.