Going to the Federal Circuit and Family Court of Australia - Frequently Asked Questions
1. I was dismissed because I had to take a week off work after breaking my leg. Can I apply to the Federal Circuit and Family Court of Australia?
Whether you can apply 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 and Family Court of Australia you must make a general protections application to Fair Work Commission (the Commission) and attend 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 and Family Court of Australia.
For more information, see
Applying to the Federal Circuit and Family Court of Australia.
2. I made a general protections claim to the Federal Circuit and Family Court of Australia. 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, the 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 Court told my employer and I that we had to go to mediation. What is mediation?
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 and Family Court of Australia, 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 told you 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: