---
title: "Opt-out register against the Court's date and Form 21 (Federal Court class action)"
url: "https://ailawframework.com/precedents/class-actions-representative-proceedings/opt-out-register"
type: "precedent"
site: "AI Law Framework"
id: "a7-opt-out-register"
area_id: "A7"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A7-D20261018-1"]
law_stated_as_at: "2026-10-22"
---

# 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.

Canonical page: https://ailawframework.com/precedents/class-actions-representative-proceedings/opt-out-register  
Law stated as at: 2026-10-22

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

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Class Actions / Representative Proceedings](https://ailawframework.com/precedents/class-actions-representative-proceedings.md)
- Jurisdictions: Australia, Commonwealth
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the authority it cites, for Australia and Commonwealth.

## 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

- [Keep the opt-out register against the court’s orders](https://ailawframework.com/practice/class-actions-representative-proceedings/keep-the-opt-out-register-against-the-court-s-orders.md)

## 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

## Authorities

- [Federal Court of Australia, Class Actions Practice Note (GPN-CA) paragraph 12.1 (opt out by written notice to the Court by the date the Court fixes; Form 21; rule 9.34 of the Federal Court Rules)](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-register 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.*