How to lodge an application in the Federal Circuit and Family Court (Division 2)
Division 2 of the Federal Circuit and Family Court of Australia (FCFCOA) — the former Federal Circuit Court — hears most federal general law matters (migration, bankruptcy, fair work, consumer, IP, copyright). Lodge an Application via the Commonwealth Courts Portal with supporting affidavit and pay the filing fee.
The framework
Federal Circuit and Family Court of Australia Act 2021 (Cth); Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021; Federal Court and Federal Circuit and Family Court Regulations 2022.
The process
Confirm Division 2 jurisdiction
Division 2 has jurisdiction concurrent with the Federal Court in many areas — migration review, bankruptcy (debtor's petition consequences, creditor's petitions up to $50,000), Fair Work small claims up to $100,000, IP, administrative law, and consumer protection.
Identify the head of power
Cite the specific federal law (Migration Act 1958, Bankruptcy Act 1966, Fair Work Act 2009, Copyright Act 1968, ACL, Judiciary Act 1903 etc.) conferring jurisdiction on Division 2.
Check time limits
Many federal causes of action have strict limits — 35 days for migration judicial review, 21 days for bankruptcy petition set-aside, 21 days for Fair Work general protections, 6 years for contract.
Draft the Application
Use the Application form under the Division 2 (General Federal Law) Rules 2021. Clearly state the orders sought, the legislative basis, and the facts.
Prepare supporting affidavit
Attach or file an affidavit setting out material facts and annexing key documents. Migration matters attach the visa decision; bankruptcy matters attach the bankruptcy notice.
Lodge via the Commonwealth Courts Portal
File electronically through the Commonwealth Courts Portal and pay the filing fee. Fee reductions apply for individuals on income support.
Serve the respondent
Serve the sealed Application and affidavit under the Division 2 Rules 2021, typically personally on individuals or at the registered office of a corporation.
First court date
First court event (typically 2–8 weeks after filing) sets directions — pleadings, discovery, evidence, referral to mediation, or expedited hearing for migration and bankruptcy matters.
Hearing
Most Division 2 matters are heard by a single Judge. Migration judicial review is on the papers filed; bankruptcy and Fair Work matters often involve short oral hearings.
Appeal rights
Appeals from Division 2 lie to Division 1 of the FCFCOA or the Federal Court under section 26 of the FCFCOA Act 2021, depending on subject matter, generally within 28 days.
Common mistakes
- Filing in Division 2 for matters requiring Federal Court (e.g. complex corporations, competition)
- Missing jurisdiction-specific time limits
- Filing without an affidavit
- Not addressing the appealable error for migration judicial review
- Overlooking costs risk — Division 2 has more modest costs regime than the Federal Court
Get this process right with Quillio
Quillio can draft Division 2 Applications across migration, bankruptcy, and Fair Work, produce the supporting affidavit, and prepare directions-ready submissions. See /practice-areas/litigation-lawyers.
General information only, not legal advice. Federal causes of action are time-critical. Engage an Australian lawyer.
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