Going to the Federal Circuit and Family Court of Australia
If you are owed wages or entitlements you can make a claim in the Federal Circuit and Family Court of Australia. The Court can hear your case and decide whether your employer owes you any unpaid wages or entitlements.
This section of the topic only deals with small claims applications to the Federal Circuit and Family Court of Australia. 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.
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.
Making a small claims application to the Federal Circuit and Family Court of Australia
To apply to the Federal Circuit and Family Court of Australia, you must file:
- an Application - Fair Work Division
- a Form 5 - Small claim under the Fair Work Act 2009
- supporting documentation.
You will need to pay a filing fee when you file your application. However, you may be able to apply for a fee exemption or reduction if you receive a Centrelink benefit or are experiencing financial hardship.
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 Step by step guide: Making a small claims application to the Federal Circuit and Family Court of Australia.
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.
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.
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.
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.
For more information, see
Hearing.
The decision
After the hearing has finished, the Judge will either decide that:
- you have proved your case (your employer owes you some or all of the wages or entitlements you claimed)
- you haven't proved your case (your employer does not owe you the wages or entitlements you claimed).
If you have proved your case, you may be able to ask that a costs order be made against your employer. This is an order that your employer must pay your legal costs.
If you haven’t proved your case, your employer may ask that a costs order be made against you.
For more information, see The decision.