Before starting an application, see the Central Practice Direction – General Federal Law proceedings, which sets out the procedural requirements and steps in the general federal law proceedings.
Instructions for completion
- This form is used for commencing a general federal law proceeding where no other form of application is applicable under the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (the Rules).
- Do not use this form if your application relates to family law, child support, Fair Work, human rights or matters arising under the Bankruptcy Act 1966, Administrative Decisions (Judicial Review) Act 1977 or Migration Act 1958. Ask registry staff for appropriate forms in these jurisdictions.
- You must complete address for service details in the footer on page 1. All correspondence concerning the application will be sent to the email address or mailing address inserted and all documents in the proceedings will be deemed to have been served on you if emailed or posted to that address. If your address details change, you must file a notice of address for service within seven days and serve a copy on all other parties: see rule 10.28.
- You must insert the name/s and address/es of each respondent in the ‘Important Notice to Respondent/s’ box at the end of the form.
- The grounds of the application must explain briefly the basis on which the orders are sought. Unless a Practice Direction issued by the Chief Judge requires or permits the Originating Application to be accompanied by an alternative accompanying document, the evidence supporting this application must be provided by affidavit/s or statement of claim or points of claim filed with this application: see subrule 8.04(1). An affidavit or statement of claim or points of claim is not required in certain circumstances: see subrule 8.04(2). For further information on requirements for affidavits: see Division 17.3 of the Rules.
- An affidavit or statement of claim or points of claim must state the material facts on which the applicant relies: see subrule 8.04(3) and Division 13.1.
- If your application is for interlocutory, interim or procedural orders in a proceeding which has already commenced, you should use the Interlocutory Application form.
- If you are completing this application by hand and you need more space in any section, attach extra page/s as required.
- Once complete, you must file this form electronically through eLodgment: see Rule 2.12(1). If you cannot electronically file this form you should contact the registry to discuss lodgement options.
- Unless the Court orders otherwise, an application and other documents filed with it must be served as soon as practicable and at least 5 days before the first court date: see rule 8.05. Unless the Rules allow otherwise or the Court otherwise orders, the application filed (and any other documents filed with it) must be served personally: Division 10.1 of the Rules. The application and other documents must be served on each party and the person against whom orders are sought if that person is not a party.
- You will need to serve a copy on the other party or parties and keep a copy for your records.
A small claim proceeding under the National Consumer Credit Protection Act 2009
If your claim is covered by subsection 199(2), and any monetary claim is for less than $40,000, you can elect to use the small claims procedure of this Court.
In a matter which is dealt with by the Court’s small claim procedures:
- the court is not bound by any rules of evidence;
- the court may correct any mistake in the application;
- the court can act in an informal manner and without regard to legal form and technicalities; and
- neither party can be represented by a lawyer unless the Judge permits this.
If you elect to have your claim dealt with using the small claims procedure you need to tick the relevant box in the application.
