Originating application starting a representative proceeding under Part IVA of the Federal Court of Australia Act 1976 (Form 19)

Under section 33C of the Federal Court of Australia Act 1976, a proceeding may be started by one or more persons representing some or all of a group where 7 or more persons have claims against the same person, the claims arise out of the same, similar or related circumstances, and they give rise to a substantial common issue of law or fact. Rule 9.32 of the Federal Court Rules 2011 says a representative proceeding is started by filing an originating application in accordance with Form 19. Section 33H requires the application, or a document filed in support, to identify the group members, specify the nature of the claims and relief, and specify the common questions of law or fact. The Class Actions Practice Note (GPN-CA) governs how class actions are managed.

When you need it

• Seven or more people have claims against the same respondent arising out of the same, similar or related circumstances, with a substantial common issue (s 33C).
• You are the representative applicant (or their lawyer) starting the class action in the Federal Court.
• Not for an ordinary claim by one party in a representative capacity, such as a trustee. That uses Form 15.

1. 1

   Complete the heading

   Leave the file number for the Registry. Fill in the District Registry and Division and the first applicant and first respondent, listing others in the schedule.

2. 2

   Details of claim

   Identify the accompanying document (statement of claim or affidavit) and set out, in numbered paragraphs, all the final relief sought for the group. Section 33H governs what the application or supporting document must contain.

3. 3

   State the common questions

   Specify the questions of law or fact common to the claims of the group members (s 33H(1)(c)).

4. 4

   Describe the group members

   Identify the group members in the representative action section. You do not need to name them or say how many there are (s 33H(2)).

5. 5

   Interlocutory relief, addresses and service

   Keep the interlocutory relief section only if needed. Give the applicant's address for service (r 11.01), email and address, choose one service option, then date and sign as applicant or lawyer.

• File through eLodgment with the statement of claim (Form 17) or affidavit (Form 59) filed in support (GPN-CA para 3.1). A filing fee applies - check the current fee schedule.
• The first case management hearing is ordinarily fixed within 4 weeks of filing and the date is noted on the application (GPN-CA para 7.1).
• Serve the application and accompanying documents personally on each respondent at least 5 days before the first hearing (r 8.06).
• Subject to any objection, the applicant's lawyers must file and serve a notice of disclosure of any litigation funding agreement no later than 7 days before the first case management hearing (GPN-CA para 6.4).

• Draft the statement of claim so the applicant's own claim can be used to decide the common questions (GPN-CA para 3.2).
• Group members generally do not need to consent to be included, but the Commonwealth, States, Territories, Ministers and some public bodies must give written consent (s 33E).
• The Court must fix an opt-out date (s 33J), and a class action cannot be settled or discontinued without the Court's approval (s 33V).