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LawAccess NSW > Representing Yourself > Employment rights > General protections dismissal > Going to the Federal Circuit and Family Court of Australia

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Going to the Federal Circuit and Family Court of Australia 

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, you may be able to apply to the Federal Circuit and Family Court of Australia. The Court can hear your case and make a decision about whether your employer broke the law when they dismissed you. The Court can make orders about compensation and reinstatement, as well as other orders, for example fining your employer.

Alert icon You must make a general protections application to the Commission before you can go to the Federal Circuit and Family Court of Australia. For more information, see Going to the Fair Work Commission.

Alert iconIt is also possible to apply to the Federal Court of Australia for more complex cases. Before applying, you should get legal advice.


    Applying to the Federal Circuit and Family Court of Australia 

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

    You can only apply if you have already 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 and Family Court of Australia within 14 days of the Commission issuing the certificate.

    Icon: Page with numbered list Step by step guide: Applying to the Federal Circuit and Family Court of Australia

    Directions hearings

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

    For more information, see Directions hearings.

    Mediation

    Mediation is an informal way of solving a problem. If you apply to the Federal Circuit and Family Court of Australia, 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.

    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.

    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.

    For more information, see Hearing.

    The decision

    After the hearing has finished, the judge will either find that:

    • You have proved your case (your employer broke laws about general protections in the workplace when they dismissed you from your employment)
    • You haven't proved your case (your employer didn't break laws about general protections in the workplace).

    If you proved your case, you may be able to apply for an order that your employer must pay your legal costs.

    If you haven’t proved your case, your employer may be able to apply for a costs order against you.

    For more information, see The decision.

    Frequently Asked Questions


    Further information

    Federal Circuit and Family Court of Australia - Fair work: I want to apply