---
title: "Opt-out notice, notice distribution plan and settlement-notice checklist (Federal Court class action)"
url: "https://ailawframework.com/precedents/class-actions-representative-proceedings/opt-out-notice-and-notice-plan"
type: "precedent"
site: "AI Law Framework"
id: "a7-opt-out-notice-and-notice-plan"
area_id: "A7"
kind: "court-document"
ai_level: "red"
version: 1
law_stated_as_at: "2026-10-17"
---

# 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…

Canonical page: https://ailawframework.com/precedents/class-actions-representative-proceedings/opt-out-notice-and-notice-plan  
Law stated as at: 2026-10-17

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

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.

## Key facts

- Kind: Court document. A document filed or served in a court or tribunal.
- Practice area: [Class Actions / Representative Proceedings](https://ailawframework.com/precedents/class-actions-representative-proceedings.md)
- Jurisdictions: Australia, New South Wales, Victoria
- AI level: Red. Keep AI out of the decisive steps. A lawyer does the work.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 6 authorities it cites, for Australia, New South Wales and Victoria.

## When to use it

Use in a Federal Court class action when preparing the notice of commencement and right to opt out, and the orders for how it will be given. Adapt for NSW Part 10 or Victorian Part 4A group proceedings. The form and content of any notice must be approved by the court, so this is a draft for approval, not a document to send.

## How AI may be used

Lawyer-led. AI may check the lawyer's draft notice against the required elements, the class definition and the orders, and test readability, but it does not write the description of the claims, defences or class, and the notice goes nowhere until the court approves it.

**AI may:**

- Check the lawyer's draft against GPN-CA para 12.2 or 15.2 and list any missing element
- Check that the class definition, dates and contact details match the pleading and the orders
- Flag jargon and long sentences for the lawyer to simplify
- Turn the approved distribution orders into a dated task list

**AI must not:**

- Must not draft the description of the claims, the defences or the class
- Must not tell any person whether they are a group member or what they should do
- Must not be given group member names, contact details or account data in a tool without approved privacy and security settings
- Must not produce translations for distribution without review by a qualified human translator

**The lawyer checks:**

- The description of the claims and defences is balanced and agreed or approved
- The class definition is reproduced exactly from the pleading
- The opt-out date, method and consequences match the orders
- Costs, funding and possible common fund orders are disclosed as GPN-CA requires

## Authorities

- [Federal Court of Australia Act 1976 (Cth) ss 33H, 33J, 33X, 33Y, 43(1A)](https://www.legislation.gov.au/C2004A01586/latest/text)
- [Federal Court Rules 2011 (Cth) r 9.34 and Form 21 (opt out notice)](https://www.legislation.gov.au/F2011L01551/latest/text)
- [Federal Court of Australia, Class Actions Practice Note (GPN-CA) paras 12.1–12.6, 15.2, 15.4](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-ca)
- [Civil Procedure Act 2005 (NSW) ss 162, 175, 176](https://legislation.nsw.gov.au/view/html/inforce/current/act-2005-028)
- [Supreme Court Act 1986 (Vic) Pt 4A](https://www.legislation.vic.gov.au/in-force/acts/supreme-court-act-1986)
- [Supreme Court of NSW Practice Note SC Gen 17 (representative proceedings)](https://supremecourt.nsw.gov.au/practice-procedure/practice-notes0/general-practice-notes/sc-gen-17.html)

## Official form

[Official form](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-ca)

## 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/opt-out-notice-and-notice-plan 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.*