Class action representative review checklist
Representative proceedings live or die on the adequacy of the lead plaintiff and a clean group definition. This checklist helps litigators test both before commencement.
This is a 12-step checklist for reviewing a proposed representative applicant and group in an Australian class action under Part IVA of the Federal Court of Australia Act 1976 (Cth). It covers adequacy, group definition, and funding.
The checklist
Confirm representative capacity
Confirm the representative applicant is willing and able to act for the group.
Check threshold requirements
Check the 7 or more claims requirement and common issues requirement.
Scope group definition
Scope the group definition to be ascertainable without individual inquiry.
Assess conflicts
Assess conflicts between the representative and group members.
Review claim strength
Review the strength of the representative claim as a test of the group claim.
Check funding arrangements
Check the litigation funding agreement, common fund order viability, and disclosure.
Review retainer and costs
Review the retainer with the representative and the group costs notice.
Consider opt-out notice
Consider the opt-out notice content and distribution strategy.
Assess competing actions
Assess competing or overlapping class actions and beauty parade risk.
Plan subgroup issues
Plan for subgroup or sample-case procedures for individual issues.
Review privilege regime
Review legal professional privilege as it operates across the group.
Scope settlement approval
Scope the likely settlement approval application and notice obligations.
When this checklist applies
Use before commencing a Part IVA proceeding or when auditing an existing class action for structural risk.
Common pitfalls
- Group definition too broad or requires individual assessment
- Representative has conflicts with subgroups
- Funding terms not disclosed early
- Opt-out notice drafted without court engagement
- Competing class action filed before commencement
Run this checklist on a real matter
Quillio can map group definitions, summarise related class actions, and draft opt-out notice frameworks. See /practice-areas/litigation or start a free trial.
General Part IVA guidance. State representative regimes (Vic, NSW, Qld) differ — confirm with the applicable rules.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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