Court · Federal Court of Australia · Federal (Commonwealth)

Notice of consent to be a group member (Form 20)

Form 20 is the Federal Court of Australia notice by which a government, Minister or public body consents to be a group member in a class action.

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Word document from Federal Court of Australia's website.

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Format
Word (DOCX)
Category
Court form
Form number
Form 20
Version
veab0b5b6
Last updated
14 October 2026

Federal Court of Australia · Federal Court Rules 2011

Preview of the first page of Notice of consent to be a group member (Form 20)
Preview - first page of the form

For law practices: this form maps to the published matter-field vocabulary, so your practice management system fills it from your matter data - on your own machine. Practice management systems can fetch and assemble it through the document assembly API.

What Form 20 is for

Class actions in the Federal Court are run under Part IVA of the Federal Court of Australia Act 1976. Group members do not normally need to consent to be part of a representative proceeding (s 33E(1)). Section 33E(2) makes an exception: the Commonwealth, a State or a Territory, a Minister, a public-purpose statutory body (other than an incorporated company or association) and a government officer acting in that capacity are not group members unless they give written consent. Rule 9.33 of the Federal Court Rules 2011 says such a person may give that consent in accordance with Form 20.

When you need it

  • You act for the Commonwealth, a State or Territory, a Minister, or a public-purpose statutory body, and it wants to be included as a group member in a Federal Court class action.
  • You are a government officer who, in that capacity, would otherwise fall within the group description.
  • Not for ordinary group members, who are included without consent (s 33E(1)), and not for opting out, which uses Form 21 (r 9.34).

How to fill it in

  1. 1

    Heading

    Copy the file number, District Registry, Division and party names of the class action.

  2. 2

    Address it

    The form is addressed to the Applicant and the Respondent. Leave that line as printed.

  3. 3

    Name the consenting person

    Insert the full name of the person or body giving consent, which must be one of those referred to in section 33E(2).

  4. 4

    Sign and give the address

    Date and sign as the person consenting or that person's lawyer, and insert the address of the person signing.

Filing, lodging and service

  • The form is addressed to the applicant and the respondent, so give a copy to each of them.
  • Neither section 33E nor rule 9.33 sets a time limit. If the Court has made orders about class membership or timing, check them, and ask the Registry whether it also wants the consent filed.

Common mistakes

  • Make sure the person signing has authority to bind the government, Minister or body, since the consent is what makes it a group member.
  • Check the group description in the originating application (s 33H) to confirm the body actually falls within the class before consenting.
  • A class action cannot be settled or discontinued without the Court's approval (s 33V), which affects consenting group members like any other.

Frequently Asked Questions

Does a State government have to opt in to a Federal Court class action?

Yes. Under section 33E(2) the Commonwealth, a State or Territory, Ministers and public-purpose statutory bodies are not group members unless they give written consent, which can be given in Form 20 (r 9.33).

Do ordinary class members need to sign Form 20?

No. For everyone else consent is not required (s 33E(1)). They remain group members unless they opt out under section 33J using Form 21.

Checked against the official sources on 26 October 2026

General information about the form, not legal advice about your matter. Rules and forms change: if anything here differs from the court or agency's current instructions, theirs apply.

Field map

8 boxes on the Notice of consent to be a group member (Form 20) fill from your matter.

Our Firm
Firm name
Client
Client full name(s), Client state
Key Dates
Current date
Operator
User First Name, User Full Name (first + surname), User Postal Address

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