Memo · Class Actions / Representative Proceedings

First case management hearing: costs disclosure and readiness note (Federal Court class action)

Note for the first case management hearing under the Class Actions Practice Note: confidential costs disclosure, the funding notice, and the issues the Court expects the parties to address.

Kind
Memo. An internal or advice memo.
Where it applies
Australia, Commonwealth
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
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 a Part IVA proceeding is filed, and again seven days before the first case management hearing. The hearing is ordinarily within four weeks of filing.

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

AI may assemble the readiness table from the file and the practice note. The lawyer decides what is disclosed, any objection, and the position taken at the hearing.

AI may

  • Build the paragraph 7.8 checklist and mark which rows already have a document on the file
  • Compare the costs agreement and any funding agreement against the paragraph 5.9 conflict heading and list gaps
  • Calculate the seven-day and four-week dates from the filing date the lawyer supplies

AI must not

  • Must not email chambers or file the funding notice
  • Must not decide that privilege or prejudice justifies withholding disclosure
  • Must not describe the funding commission, the budget or the merits in a document that will be served

The lawyer checks

  • Costs and funding agreements are in writing, and class members have been or will be told of legal costs and funding charges in clear terms
  • The confidential email to the associate uses the marking in paragraph 6.1, and any objection is raised in writing no later than seven days before the hearing
  • The Notice of Disclosure and the funding agreement are filed and served no later than seven days before the hearing, or an objection is on foot
  • Counsel briefed in the matter and the lawyer with primary responsibility will attend

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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