---
title: "Group costs order: comparison note before a Victorian s 33ZDA application"
url: "https://ailawframework.com/precedents/class-actions-representative-proceedings/group-costs-order-comparison"
type: "precedent"
site: "AI Law Framework"
id: "a7-group-costs-order-comparison"
area_id: "A7"
kind: "memo"
ai_level: "red"
version: 1
task_ids: ["A7-D20261018-8"]
law_stated_as_at: "2026-10-22"
---

# Group costs order: comparison note before a Victorian s 33ZDA application

> Note for a proposed Supreme Court of Victoria group costs order: the statutory test, what the order does to adverse costs and security, and the practice note's timing and scope.

Canonical page: https://ailawframework.com/precedents/class-actions-representative-proceedings/group-costs-order-comparison  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Memo. An internal or advice memo.
- Practice area: [Class Actions / Representative Proceedings](https://ailawframework.com/precedents/class-actions-representative-proceedings.md)
- Jurisdictions: Australia, Victoria
- AI level: 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: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 2 authorities it cites, for Australia and Victoria.

## When to use it

Use when the plaintiff may ask the Supreme Court of Victoria for a group costs order. File any application at the earliest practicable time after the close of pleadings, by summons, subject to the Case Management Judge.

## Used for these tasks

- [Model a percentage-based legal costs order against the funding alternatives](https://ailawframework.com/practice/class-actions-representative-proceedings/model-a-percentage-based-legal-costs-order-against-the-funding-alternati.md)

## How AI may be used

The lawyer chooses whether to apply and what percentage to seek. AI may set out the section and the practice note, and line up funding figures the lawyer has already approved.

**AI may:**

- Set out s 33ZDA(1) to (4) and practice note section 14 as a checklist with blanks
- Place lawyer-approved budget lines beside a blank percentage column
- List documents already on the file that section 14 says may need a confidentiality direction

**AI must not:**

- Must not propose the percentage, or state that a percentage is appropriate or necessary to ensure that justice is done
- Must not compare the return to group members under a percentage with a third-party funder's commission as if the result were a recommendation
- Must not draft the affidavit or the submissions in support of the application

**The lawyer checks:**

- The proceeding is in the Supreme Court of Victoria. Section 33ZDA is not a Federal Court power
- The application is by summons, at the earliest practicable time after pleadings close, unless the Case Management Judge directs otherwise
- The percentage, if sought, is the lawyer's figure, and the note records why the lawyer says the order is appropriate or necessary so that justice is done
- The scope covers the solicitor's services, security for costs if required, disbursements, and an indemnity for adverse costs, as section 14.5 sets out, or the departure is explained

## Authorities

- [Supreme Court Act 1986 (Vic) s 33ZDA (group costs order: percentage of the award or settlement; shared liability; law practice liable for the defendant's costs and for security; power to amend; effect despite the Legal Profession Uniform Law (Victoria))](https://classic.austlii.edu.au/au/legis/vic/consol_act/sca1986183/s33zda.html)
- [Supreme Court of Victoria, Practice Note SC GEN 10 (second revision, re-issued 13 October 2020), section 14 (summons after pleadings; confidentiality; review of the percentage; services the order should cover)](https://www.supremecourt.vic.gov.au/areas/legal-resources/practice-notes/sc-gen-10-conduct-of-group-proceedings-class-actions-second)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/class-actions-representative-proceedings/group-costs-order-comparison and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*