Identify the manufacturer before a Victorian Part 4A proceeding

MaintainedLast reviewed

Key facts

Human involvement
YellowClose supervision
How AI is used
List the s 7 candidates from the labels and import records. A group proceeding in the Supreme Court of Victoria is under Part 4A of the Supreme Court Act 1986, which Practice Note SC Gen 10 manages. That note does not govern a Federal Court proceeding.
What the lawyer must review
  • Decide which s 7 paragraph applies, including a brand owner and an importer.
  • Treat a name or brand on the goods as presumed, unless the contrary is established.
  • If the claim is a Victorian group proceeding, use Part 4A and SC Gen 10, not a Federal Court practice note.
Written for / version
Victoria versionVICNSWQLD

Rules that apply

The document starts from the task name. Change it if this piece of work is different.

The work product

Forum. Supreme Court of Victoria, Part 4A group proceeding, if that is the forum

Produce. A manufacturer list, marked if the claim will be a Part 4A group proceeding.

Have ready. Labels, invoices and import records; The lawyer's choice of forum.

Example of the limit. Illustrative example: The brand on the packet is not the importer. The lawyer applies the s 7 presumption and, because the claim will be a Victorian group proceeding, opens SC Gen 10 rather than a Federal Court note.

Stop and hand it back when

  • A person is named as manufacturer with no s 7 paragraph.
  • SC Gen 10 is used for a proceeding that is not in the Supreme Court of Victoria.

Sources for this task were checked on 2026-10-23.

Who does what

Who does what
RoleWhat they do
AssistanceList the s 7 candidates from the labels and import records. A group proceeding in the Supreme Court of Victoria is under Part 4A of the Supreme Court Act 1986, which Practice Note SC Gen 10 manages. That note does not govern a Federal Court proceeding.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Separate the producer, the brand owner and the importer.
  2. Record whether the actual manufacturer had a place of business in Australia at importation.
  3. If a Part 4A proceeding is proposed, confirm SC Gen 10 is the management note.

Sources

If the work reaches the Supreme Court of Victoria, Practice Note SC GEN 25 requires the lawyer to verify output. Do not put health records into a public AI tool. One AI tool cannot verify another.

Practice Note SC Gen 10 was re-issued on 13 October 2020 and defines a group member by reference to Part 4A of the Supreme Court Act 1986.

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