​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

If you made a general protections dismissal application to the Fair Work Commission (the Commission) but you and your employer couldn't settle the case, it is possible to apply to the Federal Circuit Court. The Federal Circuit Court can hear your case and make a decision about whether your employer broke the law when they dismissed you. The Federal Circuit Court can make orders about compensation and reinstatement, as well as other orders, for example fining your employer.

Alert IconOn 12 April 2013 the Federal Magistrates Court of Australia became the Federal Circuit Court of Australia. If you applied to the Federal Magistrates Court before this date, your case will continue in the Federal Circuit Court. For more information on this change, see the Federal Circuit Court website.

Alert Icon You must have made a general protections application to the Commission before you can go to the Federal Circuit Court. For more information, see Going to the Fair Work Commission.

If you want your case to be heard in the Federal Circuit Court, you will usually take the following steps:

  1. Apply to the Federal Circuit Court
  2. Go to the first directions hearing
  3. Go to mediation at the Federal Circuit Court
  4. Go to any further directions hearings
  5. Go to the hearing

Apply to the Federal Circuit Court

Alert IconIt is also possible to apply to the Federal Court for more complex cases. You should get legal advice before applying to the Federal Court.

To make an application to the Federal Circuit Court you need to fill out an application and claim form and submit these with the application fee.

You can only apply to the Federal Circuit Court if you first made a general protections application to the Commission, and the Commission issued a certificate saying that you and your employer couldn't settle the case.

Alert IconIf the Commission member believes that you don't have a good case, or it doesn't have merit, or it doesn't have 'reasonable prospects of success', they should tell you. Sometimes they will write this on the certificate. If the Commission member tells you this or has put this on the certificate, you should get urgent legal advice before filing any further claims.

Alert IconYou must apply to the Federal Circuit Court within 14 days of the Commission issuing the certificate.

For more information, see Applying to the Federal Circuit Court - Step by step guide.

Go to the first directions hearing

When you apply to the Federal Circuit Court, your case will be listed for a 'first directions hearing'. A directions hearing is a short court hearing where the court can make orders about what should happen next in your case.

For more information, see Directions hearings.

Go to mediation at the Federal Circuit Court

Mediation is an informal way of solving a problem. If you apply to the Federal Circuit Court, you may be ordered to go to mediation. Mediation is a chance for you and your employer to talk about your dismissal and settle your case without having a hearing in court.

For more information, see Mediation.

Go to any further directions hearings

Your case will be listed for another directions hearing after mediation. If you and your employer came to an agreement at mediation, you can tell the court at this further directions hearing. If you and your employer couldn't settle the case, the court will make some orders about the next steps in your case.

For more information, see Directions hearings.

Go to the hearing

If you and your employer don't settle the case at mediation, your case will be listed for hearing. At a hearing, you can make submissions (present your argument) and give evidence about why you think your dismissal was against laws about general protections in the workplace. A judge will then make a decision and orders in your case.

For more information, see Hearing.

For answers to commonly asked questions, see Going to the Federal Circuit Court - Frequently Asked Questions. ​
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