Precedents: Class Actions / Representative Proceedings

6 starting-point precedents for this area. Each one names the law it rests on and says how far AI may help.

Precedents in this area
6
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Newest law stated as at
17 October 2026
Guidance for this area
Tasks and AI use in Class Actions / Representative Proceedings
Precedents for Class Actions / Representative Proceedings
PrecedentKindWhere it appliesAI useLaw stated as at
Opt-out notice, notice distribution plan and settlement-notice checklist (Federal Court class action)An original plain-language opt-out notice for court approval, a distribution plan and draft orders for the giving of notice, and a checklist of what a settlement notice must cover, all keyed to Part IVA and the Class Actions Practice Note.Court documentAustralia, New South Wales, Victoria Red17 October 2026
Litigation funding agreement and costs review checklist (including common fund orders and Victorian group costs orders)A checklist for reviewing a class action litigation funding agreement and costs agreement: commission and fees, control, conflicts, security and adverse costs, disclosure to group members and the court, common fund orders after Kain, and Victorian group costs orders.ChecklistAustralia, Victoria, New South Wales Yellow17 October 2026
Settlement distribution scheme (with safeguards for technology-assisted claims assessment)An original settlement distribution scheme for court approval: administrator, settlement fund, approved deductions, registration and eligibility, loss assessment, review rights, distribution, reporting, and safeguards where software or AI helps assess claims.OtherAustralia, New South Wales, Victoria Red17 October 2026
Periodic update letter to group members (clients and registered group members)A plain-English periodic update to group members covering what has happened, what comes next, costs and funding changes, dates and actions, privacy and scam warnings, with variants for clients of the firm and for non-client group members.LetterAustralia Yellow17 October 2026
Group member registration and intake protocol (including AI triage of registrations)An internal protocol for registering and triaging large numbers of group members with AI assistance: approved tools, data minimisation, triage flags, mandatory human review, communications rules, privacy notices including automated-decision transparency, and quality checks.PolicyAustralia Yellow17 October 2026
Prompt template with guardrails: reconciling registrations to the class definitionA guarded prompt for an approved, closed AI tool to compare pseudonymised registration records with the pleaded class definition and output a flag table with reasons, without deciding eligibility.AI promptAustralia Yellow17 October 2026

AI use levels: Green means AI can do most of the drafting and a lawyer reviews it. Yellow means AI helps in set ways and a lawyer checks specific points. Red means a lawyer does the work and AI stays out of the decisive steps.

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