Who can make an application?
An application for a Commonwealth workplace protection order can only be made by an “authorised person” or their delegate.
An authorised person is:
- the Chief Executive and Principal Registrar of the High Court;
- the accountable authority or chief executive officer (however described) of a Commonwealth entity. Accountable authority has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
Under section 47 of the Commonwealth Workplace Protection Orders Act 2025 (CWPO Act), an authorised person may, in writing, delegate all or any of their functions or powers under the Act to certain persons.
What application should I make?
A Commonwealth workplace protection order may be:
- an interim order
- an urgent interim order
- a final order, or
- a consent order.
The evidence supporting an application for a Commonwealth workplace protection order must be provided by affidavit, statement of claim or points of claim filed with the application.
Urgent interim order
In urgent circumstances, the authorised person may apply for an urgent interim order without having applied for a final order.
An application for an urgent interim order without applying for a final order is made by an authorised person filing an Application – Urgent Interim Commonwealth Workplace Protection Order. When submitting the application through eLodgment, select that the matter is urgent and upload a one page coversheet explaining why it is urgent.
If the application cannot be filed via eLodgment, the applicant may apply by email or telephone to the Registry.
Before applying for an urgent interim order, the applicant must be satisfied that:
- the respondent has engaged in personal violence;
- there is a real risk that the respondent will engage in further personal violence if the order is not made;
- the order is necessary or desirable to prevent the respondent from engaging in further personal violence before an application for a final order against the respondent can be made and finally determined;
- the applicant considers it necessary to make this application because of urgent circumstances.
An urgent interim order ceases after 7 days unless an application for a final order is made within that period.
Final order
An application for a final order or a consent order is made by an authorised person filing an Originating Application – Commonwealth Workplace Protection Order.
Before applying for a final order or consent order, the applicant must be satisfied that:
- the respondent has engaged in personal violence; and
- there is a real risk that the respondent will engage in further personal violence if the order is not made (see subsection 19(1) of the CWPO Act).
Interim order
An application for a final order may include an application for an interim order (section 13).
Before applying for an interim order, the applicant must be satisfied that:
- the respondent has engaged in personal violence;
- there is a real risk that the respondent will engage in further personal violence if the interim order is not made; and
- the interim order is necessary or desirable to prevent the respondent from engaging in further personal violence before the application for a final order is determined (see subsection 13(1) of the CWPO Act).
What other documents need to be completed?
The evidence supporting an application for a Commonwealth Workplace Protection Order of any kind must be provided by affidavit, statement of claim or points of claim filed with the application (see rule 8.04 of the General Federal Law Rules).
What do I have to pay to start a proceeding?
You will need to pay a filing fee to the Court when you file the application. For the current fees see, General Federal Law Fees.
Filing with the Court
Wherever possible, you must file court documents online using eLodgment. You may also eLodge documents regarding a proceeding including draft orders, consent orders, and case management correspondence. See the Federal Court website for information on how to use eLodgment.
If it is not possible to file using eLodgment, you may be able to file your documents in-person, by mail, or in certain circumstances, by fax or email. Contact the Court if you are not sure how to file the documents.
How do I notify the respondent?
After your application has been filed, you must serve the application and the supporting affidavit, statement of claim or points of claim on the respondent. This means you must make sure that the respondent receives the filed documents. At the hearing, the judge will ask for evidence that you have served the documents, unless you have sought an urgent interim order.
If you are serving documents on an individual, you (or someone who serves the documents on your behalf) should serve the documents in person.
If you cannot serve the documents in person, you can apply to the Court for an order that you may serve the documents in a different way, for example, by email. This is known as ‘substituted service’. You make that application by filing an Interlocutory Application with an accompanying Affidavit explaining why you want to serve the application in a different way. The Court will then consider whether to make an order for substituted service. If an order is made, you will need to serve the documents as set out in the order.
After the documents have been served, you will need to complete an Affidavit of service, which you should file with the Court (using eLodgment). The affidavit of service must be sworn or affirmed in front of a person authorised by law to witness the swearing of affidavits, such as a lawyer or Justice of the Peace. You should have a copy of the filed affidavit of service with you at the court hearing.
Costs
Ordinarily parties to proceedings under the CWPO Act must bear their own costs. However, if the Court is satisfied that there are circumstances that justify doing so, the Court may make any order for costs or security for costs that the Court considers just, whether by way of interlocutory order or otherwise (see section 43 of the Act).
The Court has the power to make orders for costs, including order for costs against lawyers. For more information about costs, see Part 15 and Part 32 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025.
