Commencing a Federal Court representative (class) action under Part IVA
Part IVA class actions require seven or more persons with claims against the same person, common issues of law or fact, and claims arising out of the same, similar, or related circumstances. They operate on an opt-out basis with court approval of settlements.
This is an 8-step workflow for commencing a representative proceeding under Part IVA of the Federal Court of Australia Act 1976 (Cth), from threshold assessment through to first case management.
Before you start
- Identification of the cause of action and respondent
- Evidence of at least seven persons with similar claims
- Common issues of law or fact across the group
- Funding arrangement (litigation funder, CFO/GCO, or conditional costs)
The workflow
Confirm Part IVA threshold
Confirm the s 33C threshold criteria — seven or more persons, claims against the same respondent, common issues of law or fact, and claims arising out of same/similar circumstances.
Map the group definition
Draft a precise group definition that is ascertainable without individual merits assessment. A loose or merits-based definition risks strike-out.
Identify common questions
Articulate the common questions of law or fact that will be determined for the group. The common questions drive case management and settlement distribution.
Structure funding and costs
Finalise the funding arrangement — litigation funder agreement, Class Closure/Common Fund Order (CCO/GCO) strategy, or solicitor conditional costs agreement. Address adverse costs.
Draft the originating application and statement of claim
Plead the representative claim with pleaded common issues, group definition, and lead applicant's individual claim. Attach the first schedule of group members where appropriate.
File and serve
File via the Federal Court portal. Serve the respondent. Publicise the commencement through the firm's website and (for significant matters) media.
Give s 33X opt-out notice
The court will set the opt-out date and approve the form of notice under s 33X. Distribute the notice by the approved means.
Attend the first case management conference
At first CMC, the court will address group definition, common questions, evidence plan, and timetable. Anticipate competing class actions and potential stays.
What you will have at the end
A representative proceeding validly commenced and on case management, ready to progress towards mediation, common fund resolution, or trial of common issues.
Common issues
- Group definitions requiring merits assessment, inviting strike-out
- Funding arrangements not aligned with the current CCO/GCO framework
- Lead applicant with a claim atypical of the group
- Competing class actions creating a carriage dispute
- Notice of opt-out failing to reach the whole group
Run this workflow on a real matter
Quillio drafts Part IVA pleadings with s 33C thresholds mapped, assesses group definitions against recent authority, and benchmarks common fund approaches. See /practice-areas/litigation-lawyers.
This workflow is a general guide. Class action practice is complex and fast-moving — the funding and carriage landscape shifts with each High Court decision.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
Start your free trial