How to file proceedings in the Federal Court of Australia
You commence proceedings in the Federal Court of Australia by filing an Originating Application, Statement of Claim (or concise statement), and Genuine Steps Statement via the Commonwealth Courts Portal. The Federal Court has jurisdiction in Commonwealth matters including corporations, bankruptcy, IP, migration, and competition law, governed by the Federal Court of Australia Act 1976 (Cth) and Federal Court Rules 2011 (Cth).
The framework
The Federal Court is established under the Federal Court of Australia Act 1976 (Cth). Procedure is governed by the Federal Court Rules 2011 (Cth). Genuine steps are required under the Civil Dispute Resolution Act 2011 (Cth).
The process
Confirm federal jurisdiction
The Federal Court only has jurisdiction conferred by Commonwealth legislation — typical matters include the Corporations Act 2001 (Cth), Bankruptcy Act 1966 (Cth), Australian Consumer Law (sch 2 Competition and Consumer Act 2010), Trade Marks Act 1995 (Cth), Patents Act 1990 (Cth), Migration Act 1958 (Cth), and Fair Work Act 2009 (Cth).
Take genuine steps to resolve
Under section 6 of the Civil Dispute Resolution Act 2011 (Cth), applicants must file a Genuine Steps Statement showing reasonable pre-litigation attempts to resolve the dispute.
Draft the Originating Application
Prepare an Originating Application (Form 15), Statement of Claim or Concise Statement, and a Genuine Steps Statement in accordance with Division 8 of the Federal Court Rules 2011 (Cth).
File via the Commonwealth Courts Portal
File electronically through the Commonwealth Courts Portal (comcourts.gov.au). Pay the filing fee, which scales with the type of matter and party.
Serve on the respondent
Serve within the timeframes in Division 10 of the Federal Court Rules 2011. Service outside Australia requires leave under Rule 10.42 and compliance with the Hague Convention where applicable.
First case management hearing
The matter is listed for a first case management hearing under Rule 5.04, where the docket judge sets directions for pleadings, discovery, evidence, and mediation.
Discovery and evidence
Discovery is limited and only ordered where necessary (Rule 20.11). Evidence is usually by affidavit under Division 29. Expert witnesses must comply with the Harmonised Expert Witness Code of Conduct (Annexure A).
Attempt mediation
The Federal Court regularly refers matters to mediation under Rule 28.01. Mediators are judges, registrars, or external practitioners. Most matters settle at or before mediation.
Trial
Unresolved matters proceed to trial before a single judge. Trials follow the Evidence Act 1995 (Cth) and are usually judge-alone. Most hearings are recorded and often listed as "fast track" under Practice Notes.
Judgment, enforcement, and appeal
Enforcement uses mechanisms in Division 41. Costs generally follow the event under section 43. Appeal to the Full Court of the Federal Court is by Notice of Appeal under Division 33, usually requiring no leave (except interlocutory).
Forms and templates
- Originating Application (Form 15)
- Genuine Steps Statement (Form 16)
Common mistakes
- Filing in the Federal Court without federal jurisdiction
- Missing the Genuine Steps Statement
- Treating Federal Court discovery like state courts (it is far more constrained)
- Failing to comply with the Harmonised Expert Code
- Ignoring case management directions
Get this process right with Quillio
Quillio can draft a Statement of Claim or Concise Statement, prepare the Genuine Steps Statement, and produce case management timetables aligned to the Federal Court Rules 2011. See /practice-areas/commercial-litigation or start a free trial.
This guide is general information, not legal advice. Federal Court litigation is technical and costly. Engage counsel and a federal litigation specialist.
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