Checklist · Class Actions / Representative Proceedings

Opt-out register against the Court's date and Form 21 (Federal Court class action)

Register of written opt-out notices received against the date the Court fixed, checked to Form 21 and rule 9.34, with no decision on who remains in the class.

Kind
Checklist. Steps or checks to work through and tick off.
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 from the day the Court fixes the opt-out date until the register is closed for the report back to the Court. One row for each notice. Do not use it to decide the merits of a claim.

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 copy the member's name and date from each Form 21 opt-out notice; the lawyer checks every notice against the paper and decides whether the member is out of the proceeding.

AI may

  • Add a row for each Form 21 or other written notice, copying the name, date and address as written
  • Flag a notice dated after the Court-fixed date, or missing a field the form contains
  • Count notices and list duplicates of the same name

AI must not

  • Must not mark a person as out of the class or as still in it
  • Must not amend, complete or improve the wording of a notice
  • Must not contact the person who opted out

The lawyer checks

  • The opt-out date in the header is the date in the Court's order, not a date the firm chose
  • Each notice is the document received, and a sample has been read against the row
  • Late, incomplete or duplicate notices are listed for the lawyer, not resolved by the register
  • The register is stored so that it can be produced in the form the Court asks for

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

Authorities

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