Checklist · Class Actions / Representative Proceedings

Settlement approval application checklist (Federal Court class action, s 33V and GPN-CA)

Step-by-step checklist for seeking Federal Court approval of a class action settlement: settlement terms, the two-stage interlocutory application, the notice to class members, the evidence the Court expects and post-approval reporting.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia, Commonwealth
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
18 October 2026
Status
Maintained. Checked on 18 October 2026 against the 4 authorities it cites, for Australia and Commonwealth.
Version
1
Source
Written for this library

When to use it

Use from the moment settlement is in prospect at mediation, so the settlement deed, the notice and the evidence are built to the Court's requirements, and again at each return of the approval application.

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 track the steps, check the draft notice against the practice note list and assemble the court book; the affidavits, counsel's opinion and submissions are written by lawyers.

AI may

  • Check a draft settlement notice against each item in GPN-CA para 15.2 and list what is missing
  • Build the timetable of returns, notice dates, objection deadlines and the hearing from the orders
  • Index objections and expressions of support received from class members for the lawyer to read

AI must not

  • Must not draft or outline any affidavit, including the solicitor's affidavit in support of approval
  • Must not draft counsel's confidential opinion or summarise it in any document that is not confidential
  • Must not characterise class member objections or decide whether the settlement is fair and reasonable

The lawyer checks

  • The settlement deed gives no releases, indemnities or covenants beyond the claims in the proceeding without class members' authority (GPN-CA para 14.4)
  • The notice approved by the Court has actually been given in the way ordered, and proof of distribution is ready
  • The evidence addresses each GPN-CA para 15.5 factor, and costs and funding deductions are supported and were disclosed to class members as para 5 requires

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

Authorities

Read the full text

More in Class Actions / Representative Proceedings

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