Quick overview
The Federal Court of Australia deals with general federal law across the country. It uses a docket system where one judge manages your case from the start. Many matters resolve through targeted orders and mediation before a final hearing.
- National jurisdiction with registries in every state and territory
- Electronic filing through eLodgment and an electronic court file (ECF)
- Concise statements and case management that focus on issues truly in dispute
- Active encouragement of mediation and proportional costs
Important: This is general information, not legal advice. Time limits and requirements vary by Act, Rules and Practice Notes. If you have a deadline or urgent risk, seek advice immediately.
Jurisdiction & case types
Common Federal Court lists
- Corporations and insolvency (winding up, schemes, external administration)
- Competition and consumer (ACCC actions, misleading or deceptive conduct)
- Intellectual property (patents, trade marks, copyright designs)
- Taxation (appeals and reviews under federal tax laws)
- Administrative law and judicial review of federal decisions
- Industrial relations and Fair Work
- Admiralty and maritime matters
- Native title proceedings
- Appeals from certain federal courts and tribunals
What the Federal Court is not
It generally does not hear:
- State criminal prosecutions
- Most family law parenting/property disputes (handled by the FCFCOA)
- Local civil claims under state law unless a federal issue arises
If you are unsure whether your case belongs in the Federal Court or another forum, get early advice to avoid filing in the wrong jurisdiction.
Filing & key documents
Most proceedings begin by eLodgment of an originating application. The Court prefers concise material that isolates real issues.
- Originating application (or statement of claim, depending on list)
- Concise statement outlining key facts, issues and relief sought
- Affidavits for interlocutory or urgent relief
- Genuine steps statement where applicable
- Service copies and evidence of service
- Filing fee or fee waiver application (financial hardship and concessions available)
- Proposed short minutes of orders for urgent directions
Urgent applications can be allocated to the Duty Judge. Contact the relevant registry with a short case outline and proposed orders before filing if truly urgent.
Procedure & timelines
| Stage | What usually happens |
|---|---|
| Allocation & first return | Case is assigned to a judge’s docket. Early case management or a first case conference is listed to identify issues and directions. |
| Pleadings & evidence | Concise statements, defences and affidavits are filed. The Court manages discovery and evidence proportionately. |
| Interlocutory steps | Targeted applications (e.g., freezing orders, security for costs, strike out, summary judgment) are heard promptly. |
| Mediation/ADR | The Court frequently orders mediation with a registrar or private mediator to narrow or resolve issues. |
| Final hearing | Witnesses and submissions are heard. Complex matters may be split into liability and quantum. |
| Judgment & costs | Judgment is delivered with costs orders. Enforcement or further orders may follow. |
Timeframes depend on complexity, list and availability. Narrowing issues early usually shortens the path to resolution.
Costs & fees
Court fees
Filing and hearing fees apply and vary for individuals, corporations and concessional categories. A fee waiver or deferral may be available for financial hardship.
- Filing fees for originating process and interlocutory applications
- Daily hearing fees after a threshold day
- Transcripts and subpoena production fees as applicable
Legal costs
Costs usually follow the event: the unsuccessful party may be ordered to pay a proportion of the successful party’s costs.
- Party/party costs are commonly less than actual solicitor–client costs
- Lump sum costs orders can avoid lengthy assessment
- Offers of compromise and conduct can affect costs outcomes
Appeals & reviews
Appeals are usually heard by the Full Court of the Federal Court. Strict time limits apply. The notice of appeal must clearly identify errors in law or principle.
- Applications for leave may be required in certain matters
- Stay applications may be needed to pause enforcement
- Appeal books and outlines have detailed formatting requirements
Appeals focus on whether the primary judge erred, not a rehearing of all evidence. Early advice helps assess prospects and cost exposure.
Mediation & alternatives to hearing
The Federal Court strongly encourages early resolution through mediation, registrar-assisted conferences and targeted narrowing of issues.
- Court-ordered mediation with a registrar or private mediator
- Confidential settlement discussions protected by privilege
- Consent orders and short minutes to promptly finalise agreements
Even where a final hearing is likely, interim agreements on discovery, timetables or narrowing issues can reduce cost.
Compare your options
Common pathways
- Self-represent with targeted coaching for filings and hearings
- Pro bono referral (available in suitable public interest or hardship matters)
- Engage a Federal Court solicitor for end‑to‑end management
- Direct brief a barrister (with or without a solicitor, subject to rules)
- Community legal centre support in specific areas
How to choose
Consider complexity, urgency, budget and the risk of adverse costs. Early scoping and a concise statement often reduce overall spend.
Federal Court FAQ
When should I file in the Federal Court rather than another court?
When your claim arises under a federal statute or area of general federal law (e.g., IP, competition, tax, corporations) or an appeal is expressly conferred on the Federal Court. If in doubt, get jurisdiction advice before you file.
Do I need a concise statement and a statement of claim?
Many lists use a concise statement to identify key facts and relief. Some cases proceed with pleadings (statement of claim/defence). Check the relevant practice note for your list and get advice on the best approach.
Will I have to pay the other side’s costs if I lose?
Often, yes. Costs commonly follow the event. Early evaluation of prospects and settlement options helps manage this risk.
How do urgent injunctions work?
Prepare a short case outline, affidavit evidence and proposed orders. Contact the registry for the Duty Judge. The Court expects full and frank disclosure on ex parte applications.
Can I get pro bono help?
The Court’s pro bono scheme may assist in suitable cases, particularly where there is public interest or hardship. Availability is limited and subject to assessment.
Need help with a Federal Court matter?
Use the form below for free guidance on jurisdiction, filing steps, timelines, fees and options to resolve your dispute. If requested, we can connect you with a Federal Court lawyer near you.