Memo · Class Actions / Representative Proceedings
Competing class actions: comparison note for the carriage or selection hearing
Internal note comparing competing representative proceedings and recording what GPN-CA paragraph 8 requires the lawyers to tell the Court and to propose.
- Kind
- Memo. An internal or advice memo.
- Where it applies
- Australia, Commonwealth
- AI use
- Red You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the authority it cites, for Australia and Commonwealth.
- Version
- 1
- Source
- Written for this library
When to use it
Use as soon as the firm learns that another class action, filed or proposed, advances claims of the same group. Tell the Court immediately. Do not wait for this note to be finished.
Used for these tasks
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
The lawyer writes the comparison and any proposal to the Court. AI may place the filed pleadings side by side and list dates.
AI may
- Put the parties, filing dates, class periods and pleaded statutes into a comparison table from the originating processes
- List the paragraph 8.5 topics with a blank for the lawyer
- Record the time by which a proposal is due (4.00pm before the listing)
AI must not
- Must not recommend which proceeding should continue, or draft the proposal to the associate
- Must not state that one proceeding is or is not a representative proceeding under s 33C
- Must not contact the Court or another firm's lawyers
The lawyer checks
- The associate has been told of the competing proceeding immediately, as paragraph 8.2 requires, without waiting for the analysis
- The class definitions, common questions and originating processes have been read, not summarised from a secondary source
- Any proposal sent by 4.00pm before the listing is the lawyers' proposal and addresses the paragraph 8.5 topics the Court will ask about
- A proceeding in a State court is flagged so the Court can consider the joint-management protocol
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
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The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
More in Class Actions / Representative Proceedings
- First case management hearing: costs disclosure and readiness note (Federal Court class action)
- Opt-out notice, notice distribution plan and settlement-notice checklist (Federal Court class action)
- Retainer letter and conditional costs agreement for a representative applicant (Federal Court class action)
- Class-action litigation hold notice
- Litigation funding agreement and costs review checklist (including common fund orders and Victorian group costs orders)
- Pre-filing memo: Part IVA threshold requirements and class definition
- Rule 26(f) report for a putative class action
- Opt-out register against the Court's date and Form 21 (Federal Court class action)
- Settlement approval application checklist (Federal Court class action, s 33V and GPN-CA)
- Settlement distribution scheme (with safeguards for technology-assisted claims assessment)
- Stipulated protective order for class-member data
- Periodic update letter to group members (clients and registered group members)
- Letter to the respondent's lawyers about communications with class members
- Opt-out notice distribution plan (Federal Court class action, GPN-CA Part 12)
- Deposition outline: class representative and Rule 30(b)(6)
- Group costs order: comparison note before a Victorian s 33ZDA application
- Group member registration and intake protocol (including AI triage of registrations)
- Prompt template with guardrails: reconciling registrations to the class definition
All precedents for Class Actions / Representative Proceedings · Tasks and AI use in this area