This website applies only to residents and the law of New South Wales, Australia.

3. THE FEDERAL SYSTEM (continued)

3.11 Hearings in the Federal Court or Federal Magistrate's Court

Unlawful termination claims that do not settle at conciliation proceed to a hearing in the Federal Court or the Federal Magistrates Court.

Time limits for making an application in the Federal Court

Once you've lodged a notice of election with the AIRC to proceed in the Federal Court or Federal Magistrate's Court, you must make an application to the court within 14 days (although there is discretion to allow a claim out of time). You must file Federal Court Form 5, accompanied by Form 5A; and attach to it the Conciliation Certificate.

Filing fees

The filing fee is currently $55.70, but pensioners and Health Care Card holders are exempt, and the fee can be waived if it will cause you financial hardship. You will need to complete a Statement of Financial Position to support your application for a waiver. Waiver forms can be obtained from the Federal Court Registry and the Federal Court website www.fedcourt.gov.au.

Federal Court or Federal Magistrate's Court?

An applicant has a choice to file in either the Federal Court or the Federal Magistrate's Court.

Cases are dealt with more informally in the Federal Magistrate's Court and proceed to hearing quicker.

Further, in the Federal Magistrate's Court alternative dispute resolution is strongly encouraged. For example, it is likely that most unlawful termination claims will be referred to mediation conducted by Registrars of the Court.

Both courts have the power to transfer a matter to the other court.  Such an order would usually be made at an early stage of the proceedings. Matters suitable for the Federal Magistrate's Court are those which will take less than 2 days to be heard, turn primarily on their facts and raise no new questions of law.

There are no cost consequences for commencing in one jurisdiction and being transferred to the other (other than the party's own costs of appearing in the 'wrong' jurisdiction).

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