Memo · Class Actions / Representative Proceedings

Pre-filing memo: Part IVA threshold requirements and class definition

Internal memo template testing a proposed Federal Court class action against s 33C (7 or more persons, related circumstances, substantial common issue), s 33H (originating process) and the s 33N risks, and settling the class definition.

Kind
Memo. An internal or advice memo.
Where it applies
Australia, Commonwealth
AI use
Red Keep AI out of the decisive steps. A lawyer does the work.
Law stated as at
18 October 2026
Status
Maintained. Checked on 18 October 2026 against the 5 authorities it cites, for Australia and Commonwealth.
Version
1
Source
Written for this library

When to use it

Use after initial investigation and before a funding decision or filing, to record whether the claim can proceed as a representative proceeding and how the class should be defined. Update it if the claim theory, the respondents or the competing proceedings change.

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

The lawyer writes the analysis and the class definition; AI may organise the evidence, list candidate common questions and test a draft definition against sample client facts.

AI may

  • Organise the intake data into a table of potential group members, dates, products and transactions for the lawyer to assess
  • List possible common questions of fact and law from the draft pleading theory, for the lawyer to accept or reject
  • Test a lawyer's draft class definition against sample client files and report which fall in or out and why

AI must not

  • Must not state a conclusion on whether s 33C is satisfied or whether a s 33N application would succeed
  • Must not write the class definition that will appear in the originating application
  • Must not cite cases or describe their holdings without the lawyer reading them

The lawyer checks

  • Each s 33C element is addressed with evidence, including at least 7 persons with claims against the same respondent
  • The class definition is objective, ascertainable at the relevant date, and matches the claims and the common questions to be pleaded
  • Any group member who needs to give written consent under s 33E (for example government bodies) is identified
  • Competing or proposed proceedings are searched and their class definitions compared

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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