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You only need to follow this step if the Court made an order about you filing and serving a Statement of claim or 'points of claim'. You should check the orders made by the Court in the directions hearings for your case. If you are not sure whether you need to file and serve a Statement of claim or 'points of claim', you should get
A Statement of claim is a document that provides further details of what the applicant (you) says the issues are, and what laws they say the employer broke. It is sometimes called 'points of claim'.
Preparing a Statement of claim can be complicated so you should get
legal advice first. A Statement of claim should explain your case and what you want (the 'remedy'). It should be written in numbered paragraphs.
For information on completing a Statement of claim, see
Statement of claim.
You will need to file it with at least two other copies at the court registry, where it and the copies will be stamped with the seal of the Court. Then you have to serve a copy on (give it to) your employer. You can serve it on them at their address for service, which should be on their Response. If they have a lawyer, the address for service will usually be the lawyer's address. You can serve it in person, by post or by fax.
Make sure you serve the Statement of claim or 'points of claim' by the date ordered by the Court.
After you've served the Statement of claim, your employer will usually have to file and serve a Defence on you by the date ordered by the Court. If they don't, you should get
The Court will usually make an order that you have to 'serve evidence' on your employer. Evidence will usually be given in writing in the form of an affidavit. An affidavit is like a statement, but it is sworn or affirmed in front of a lawyer or Justice of the Peace.
For more information about how to prepare evidence, see
You will need to take these things with you to the hearing:
When you are at the hearing, you will have to show the Court that:
To do this you will need to provide the Court with evidence. Write down the main points you want to tell the Judge. This may include:
You could practice saying what you want to tell the Judge with one of your friends or relatives. You could also go to the Federal Circuit and Family Court of Australia and watch some hearings. If you telephone the Court, you can find out the dates and times that general protections dismissal hearings are held. Courts are open to the public (except if a case involves a child) and you can sit in the public area at the back of any court and watch.
For more information, see Step by step guide: Presenting your case at the hearing.