Legal Project Management Plan & Checklist
Use this plan when you are commencing or managing a representative proceeding (class action) in the Supreme Court of New South Wales on behalf of the Lead Plaintiff. Open this plan before filing: the s 157 threshold assessment, class definition, open versus closed class structuring decision, and litigation funding arrangements must all be documented before the originating process is filed. Filing stops the limitation period running for all group members from that date. Three forks extend the plan: competing parallel class actions requiring a carriage battle under the Wigmans test (Fork A), a defendant's application to declass the action under s 166(1) of the Civil Procedure Act 2005 (Fork B), and closed class structuring with modified notification requirements (Fork C).
This plan covers the Supreme Court of New South Wales, Common Law Division (Representative Proceedings List Judge), or Equity Division (Commercial List or Technology and Construction List) depending on the nature of the claims. Limitation periods for all group members are suspended from the filing date under s 182 of the Civil Procedure Act 2005 (NSW) until the member opts out or the proceeding is discontinued by court order. Practice Note SC GEN 17 (Representative Proceedings, effective 1 August 2024) governs the conduct of class actions in the Supreme Court.
Use this fork when a competing class action covering the same or substantially overlapping class definition is filed by a different law firm in the Supreme Court of NSW. The standard case management workflow is immediately suspended: before any further substantive steps are taken, carriage rights must be resolved to determine which proceeding will survive and which will be stayed. Under Wigmans v AMP Ltd [2021] HCA 7, the primary criterion for resolving competing class actions is the net return to class members under each competing proceeding, determined by comparing the litigation funding model, cost estimates, solicitor experience, and overall conduct strategy of each competing firm.
Use this fork when the representative proceeding is structured as a closed class - meaning the class is limited to the existing signed-up clients of the plaintiff's law firm rather than all persons who might qualify. A closed class action has materially different notification and registration requirements under Practice Note SC GEN 17 and ss 175 and 183 of the Civil Procedure Act 2005 (NSW). Wide-scale public notification (newspaper advertisements, Supreme Court website publications) is typically dispensed with by court order under s 183. The class is limited to a defined schedule of named or identified individuals. The settlement distribution is simpler because all class members are already identified and registered.
Use this fork when the defendant files an application under s 166(1) of the Civil Procedure Act 2005 (NSW) for an order that the proceeding no longer continue as a representative proceeding. The defendant argues that the individual issues in the claims of each group member overwhelm the common questions such that it is in the interests of justice to declass the action and require each member to pursue their own individual proceeding. The practitioner must gather compelling systemic evidence showing that common questions continue to predominate, and must file responsive affidavits before the s 166 hearing.
The s 157 threshold is assessed against three requirements: seven or more persons, arising from the same or related circumstances, and raising a substantial common question. The class definition is drafted (open or closed) and the litigation funding model is confirmed. A Statement of Claim and a Class Action Summary Statement (CASS) are prepared - the CASS must be filed with the originating process and the litigation funding agreement must be redacted for tactical sensitivity before annexure. The originating process is filed electronically via the NSW Online Registry using UCPR Form 3A or 4A. Defendants are personally served. A pre-directions conferral is held by 9:30 am on the day before the initial directions hearing. The initial directions hearing is held before the Representative Proceedings List Judge at approximately day 35 post-filing. Pleadings are exchanged. Security for costs applications and any carriage motions are resolved. Opt-out notices in UCPR Form 115 are drafted and distributed with court approval. The opt-out deadline passes and consolidated opt-out lists are filed and served within the prescribed deadlines. Court-ordered mediation is attended with aggregate loss modelling. A conditional settlement deed is executed under s 173. A settlement approval application is filed with a Senior Counsel opinion and independent costs assessor affidavit. The settlement fund is established, eligibility notices are issued, claims are assessed, and individual distributions are calculated and paid by EFT.
Key legislation: Civil Procedure Act 2005 (NSW) s 157 (threshold: 7+ persons, same circumstances, substantial common question), s 166(1) (declassing motion), s 173 (settlement approval by court), s 175 (court-approved class notice), s 176 (notice distribution methods), s 178 (interest on funds held in court: 2.5% registry deduction), s 182 (limitation periods suspended from filing date), s 183 (court may dispense with notification requirements); Uniform Civil Procedure Rules 2005 (NSW) Part 58 (class actions), Rule 42.21 (security for costs), Rule 58.2(2) (consolidated opt-out list: file within 3 business days of opt-out deadline, serve within 14 days); UCPR Form 115 (opt-out notice); Practice Note SC GEN 17 (Representative Proceedings, effective 1 August 2024): para 12 (CASS must be filed with originating process, litigation funding agreement annexed and redacted). PMS formulas: net distributable fund F_dist = S_sum - (C_legal + C_admin + R_plaintiff); individual distribution D_i = F_dist x (L_i / total class losses); registry interest deduction I_deduct = 0.025 x I_accrued under s 178. Case law: Wigmans v AMP Ltd [2021] HCA 7 (primary carriage criterion is net return to class members under each competing proceeding; comparative analysis of funding proposals, cost estimates, solicitor experience, and net return is required). Pre-directions conferral: must be held by 9:30 am on the Thursday before the initial directions hearing (one business day before DT_INIT_DIR).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Representative Proceedings - Class Action NSW (SC GEN 17) (Lead Plaintiff) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Civil Litigation cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
The representative proceeding is formally commenced. The class is defined and the court has issued the first directions. All group members' limitation periods are suspended under s 182 CPA from the filing date.
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The proceeding is fully on foot as a certified representative action with pleadings closed and interlocutory skirmishes resolved. The matter is ready for the discovery and notice phase.
The class is locked. The limitation period for any group member who opted out has recommenced running under s 182(3) CPA. The remaining class membership is the pool for settlement distribution calculations.
The matter is conditionally resolved. The settlement deed is on foot and the s 173 approval application is being prepared for filing.
The class action is fully resolved. All participating group members have received their calculated distribution. The fund is closed and all statutory reporting obligations are met.