If you have been served, you should read the application as soon as possible. The person who filed the application with the Court is known as the applicant and you (as the other party) are known as the respondent.
You should seek legal advice about your matter as soon as possible. You should be aware that if a Commonwealth Workplace Protection Order is made, it is an offence to contravene the order. Penalties of up to two years in prison or 120 penalty units apply.
How do I respond?
You may choose to file a response before the first court date. If you file a response, you must complete the Response – General Federal Law and file and serve it within 28 days after receiving the application.
You may also need to file an affidavit or, if a statement of claim or points of claim were filed with the originating application, a defence or points of defence: see subrules 8.15(4) and (5).
If you do not file a response, you must file and serve a Notice of Address for Service before the first court date.
Filing with the Court
Wherever possible, you must file court documents commencing or relevant to an existing matter 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.
First court date
You (or your lawyer) must attend court on the first court date. If you don’t attend, the Court could make orders against you in your absence.
The hearing on the first court date is a case management hearing. This is an administrative hearing to set the timetable for the case and see whether the matter might resolve. The orders made on the first court date will include a timetable for filing documents relevant to the proceeding, such as your response, and may include an order for mediation.
Costs
Ordinarily parties to proceedings under the Commonwealth Workplace Protection Orders Act 2025 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.
Seeking legal advice
You should seek legal advice about your matter as soon as possible. A lawyer can help you understand your legal rights and responsibilities. They can also explain how the law applies to your case. The law can be complex and it is important to obtain some independent legal advice in relation to your situation.
A community legal centre or legal aid may be able to assist you with advice.
