Going to the Federal Circuit Court

If you are owed wages or entitlements you can make a claim in the Federal Circuit Court. The court can hear your case and make a decision about whether your employer owes you any unpaid wages or entitlements.

This section of the topic only deals with applications to the Federal Circuit Court using the small claims procedure. Small claims are any claim for unpaid wages or entitlements totalling $20 000 or less. You are not allowed to be represented by a lawyer without the court's permission if you use the small claims procedure.

If you want to claim more than $20 000, or you don't want to use the court's small claims procedure, you may be able to use some of the information in this topic, but you should get legal advice.

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

Before going to court, it is a good idea to contact the Fair Work Ombudsman, which is a free service. The Fair Work Ombudsman can help try and resolve your issue and may also be able to help you make a small claim in court.

For more information, see Contacting the Fair Work Ombudsman.

Apply to the Federal Circuit Court

To make an application in court, you need to fill out

an application and
a claim form

and file these, with the application fee, with the Federal Circuit Court.

If you have made a complaint to the Fair Work Ombudsman (FWO) and your complaint was investigated you should ask the FWO for a copy of their report. You can submit this to the court with your application.

For more information, see Applying to the Federal Circuit Court.

Go to the first court date

The first court date is called a directions hearing. In some cases an application may be heard (decided) on the first day you go to court. In other cases, the court may make 'directions' instead. These are orders about what should happen next in your case.

For more information, see Directions hearings.

Go to mediation

Mediation is an informal way of solving a problem. It is common for the court to order parties to attend mediation. Mediation is a chance for you and your employer to talk about what you believe you are owed and why.

For more information, see Mediation.

Go to any further directions hearings

Your case may 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 the further directions hearing. If you and your employer didn'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 didn't settle the case at mediation, your case will be listed for a hearing. At a hearing, you can make submissions (present your argument) and give evidence about why you think you are owed wages and entitlements. A judge will then make a decision and orders in your case.

For more information, see Hearing.

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