Response – Human Rights

Before starting an application, see the Central Practice Direction – General Federal Law proceedings, which sets out the procedural requirements and steps in the human rights jurisdiction proceedings.

Instructions for completion

1. This form is used to respond to an application in the Federal Circuit and Family Court of Australia (Division 2) alleging unlawful discrimination under the Australian Human Rights Commission Act 1986: see rule 28.05 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (the Rules).
2. 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 7 days of the change and serve a copy on all other parties: see rule 10.28 of the Rules.
3. You do not need to complete the ‘Further orders sought by respondent/s section’ if you are not seeking further or alternative orders, or you are only seeking dismissal of the application with costs or opposing interlocutory orders. You only need to complete this section if you claim further or alternative orders, including by way of a cross-claim. If further or alternative orders are sought, a fee may be payable.
4. The grounds of opposition or further orders must explain briefly the basis on which the orders are sought. Provided you complete this response form satisfactorily, you do not need to file a supporting affidavit. However, if you do not fully complete this form you may need to file an affidavit setting out the evidence supporting your response.
5. Unless the Court orders otherwise, you must file and serve this response within 28 days of receiving the application: see subrule 8.15(7) of the Rules.
6. If you are completing this response by hand and you need more space in any section, attach extra page/s as required.
7. 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 lodgment options. You will need to serve a copy on the other party or parties and keep a copy for your records.