​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |
LawAccess NSW > Representing Yourself - LawAssist

Going to the Federal Circuit Court - Frequently Asked Questions​


​​

​​​1. I was dismissed because I had to take a week off work after breaking my leg. Can ​​I make an applic​ation to the Federal Circuit Court?

Whether or not you can make an application will depend on the circumstances of your case and what you've done so far. For general information about making a general protections dismissal application, see What are general protections? and Can you apply?

Before you can apply to the Federal Circuit Court you must make a general protections application to Fair Work Commission (the Commission). The Commission will arrange a conciliation. For more information on going to the Commission, see Going to the Fair Work Commission.

If conciliation doesn't settle the dispute, the Commission will issue a certificate saying that conciliation was attempted but was not successful. Once that certificate is issued, you have 14 days to apply to the Federal Circuit Court. For more information, see Applying to the Federal Circuit Court.      

​        

2. I made a general protections claim to the Federal Circui​​t Court. The first court date is listed in two weeks. What happens when I go to court?

The first court date is usually referred to as a "first directions hearing." At the first directions hearing a judge will make orders about the next steps in your case. Usually the judge will order the parties to attend mediation. The judge may also make orders about filing a Statement of Claim (or 'points of claim') and a Defence, as well as the filing and serving of affidavit evidence.

For more information, see Directions hearings.


3. The Federal Circuit Court told my employer and I that we had to go to mediation. What is m​ediation?

Mediation is an informal way of solving a problem. At mediation, a neutral person (the 'mediator') helps people involved in a dispute come together to discuss the issues and reach agreement. In the Federal Circuit Court the mediator will usually be a registrar.

What happens at the mediation will depend on you, your employer and the mediator. Usually, you and your employer will be able to each tell your side of the story. After that there will be time for discussion with each other and also with the mediator in private sessions.

For more information, see Mediation.


4. I went to mediation but my employer and I couldn't settle our differences. What will happen now?​

At the first directions hearing the judge may have given you a date for a further directions hearing after the mediation. If they didn't give you a date, they should have said how to list your case for a further directions hearing if the mediation was not successful.

At the further directions hearing, the judge may make orders about you filing and serving a Statement of Claim (or 'points of claim') and your employer filing and serving a Defence (or 'points of defence'), as well as orders about filing and serving evidence. The judge may also list the case for a final hearing.

For more information, see Directions hearings.

​​​​​  

5. My case has been listed for a hearing. At the directions hearing, the judge said I had to file and serve a "Statement of Claim", as well as "Affidavit evidence." What are they and how do I prepare them?

A Statement of Claim is a court document that sets out your case in detail. Sometimes it is called 'points of claim'. It usually contains numbered paragraphs that state what you are claiming and on what basis you are making that claim.

An Affidavit is a written statement that is sworn or affirmed to be true. An Affidavit is often used in court cases as a way to give evidence.

For information on how to: