General Federal Law Practice Direction: Commonwealth Workplace Protection Order Proceedings

(GENFED-CWPO)

1. Introduction

1.1 The purpose of this Practice Direction is to set out the practice and procedure of the Federal Circuit and Family Court of Australia (Division 2) (Court) for the case management of applications instituted under the Commonwealth Workplace Protection Orders Act 2025 (Cth) (CWPO Act).

1.2 This Practice Direction is to be read together with:

  1. the Federal Circuit and Family Court of Australia Act 2021 (Cth) (Act);
  2. the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (General Federal Law Rules); and
  3. the Federal Court Rules 2011 (Federal Court Rules).

1.3 Where the General Federal Law Rules are insufficient or inappropriate, the Court may apply the Federal Court Rules.

2. Starting a Proceeding

2.1 All documents must be lodged electronically via eLodgment unless otherwise permitted by the General Federal Law Rules.

2.2 An authorised person may apply for a Commonwealth workplace protection order (CWPO) that is an interim order, an urgent interim order, a final order, or a consent order. For the meaning of an authorised person, see section 7 of the CWPO Act.

2.3 The applicant must pay the relevant filing fee for each application, according to the Federal Court and Federal Circuit and Family Court Regulations 2022, or seek a relevant exemption.

2.4 The evidence supporting an application for a CWPO 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).

2.5 Template orders are included at Annexure A of this Practice Direction, which an applicant may choose to adopt and refine as appropriate in seeking a CWPO.

2.6 As the Court is not permitted to publish the name of any affected worker in relation to proceedings for a CWPO, the applicant is required to inform the Court in the application of any document that must be suppressed on the court file from public view (see section 41 of the CWPO Act).

Application for an urgent interim order

2.7 Before applying for an urgent interim order, the applicant must be satisfied that:

  1. the respondent has engaged in personal violence;
  2. there is a real risk that the Respondent will engage in further personal violence if the order is not made;
  3. 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;
  4. the Applicant considers it necessary to make this application because of urgent circumstances (see subsection 16(1) of the CWPO Act).

2.8 An application for an urgent interim order is commenced by an authorised person filing an Application – Urgent Interim Commonwealth Workplace Protection Order.

2.9 Applications submitted via eLodgment should select that the matter is urgent and upload a coversheet as to urgency of no more than one page.

2.10 If the application cannot be filed via eLodgment, the applicant may apply by email or telephone to the Registry. For urgent after-hours applications, contact the Duty Registrar on 1300 352 000.

2.11 Whilst the application need not include all of the information required for an application for a final CWPO (see 2.14 below), it must include as much information as necessary for the Court to be satisfied it is appropriate to make the order having regard to the need to make an order urgently (see subsection 17(1) of the CWPO Act).

Application for a final order or consent order

2.12 Before applying for a final order or consent order, the applicant must be satisfied that:

  1. the respondent has engaged in personal violence; and
  2. 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).

2.13 An application for a final order or a consent order is commenced by an authorised person filing an Originating Application – Commonwealth Workplace Protection Order.

2.14 The application must include:

  1. a draft of the order being sought;
  2. an explanation as to why each of the proposed conditions should be imposed on the respondent;
  3. a statement of the facts relating to why the order should be made;
  4. a summary of the grounds on which the order should be made;
  5. include information about:
    1. if a condition proposed to be imposed on the respondent by the order would prevent the respondent from accessing or obtaining benefits or services provided by the Commonwealth—alternative procedures or arrangements for how the respondent may access or obtain those benefits or services; and
    2. if a condition proposed to be imposed on the respondent by the order would prevent the respondent from contacting their electoral representative or otherwise engaging in political communication—alternative procedures or arrangements for how the respondent may do those things;
  6. specify whether, to the extent known to the applicant, a protective order is in force against the respondent;
  7. specify whether, to the extent known to the applicant, the alleged personal violence has been, is or will be the subject of any civil or criminal proceedings;
  8. specify whether, to the extent known to the applicant, the respondent is licensed or otherwise authorised to use a firearm, or is in possession of a firearm;
  9. include any other information relevant to the matters mentioned in subsection 25(3) of the CWPO Act; and
  10. if an application under section 13 of the CWPO Act (interim orders) is included in the application—include a statement to that effect.

2.15 If an Applicant seeks that the final order application be listed urgently or at short notice, applications submitted via eLodgment should select that the matter is urgent and upload a coversheet as to urgency of no more than one page.

Application for an interim order

2.16 An application for a final order may include an application for an interim order (section 13 CWPO Act).

2.17 Before applying for an interim order, the applicant must be satisfied that:

  1. the respondent has engaged in personal violence;
  2. there is a real risk that the respondent will engage if further personal violence if the interim order is not made; and
  3. 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).

Application to vary or revoke a CWPO

2.18 A respondent or an authorised person may apply for a CWPO to be varied or revoked by filing an Interlocutory Application.

2.19 The application must include:

  1. information relevant to the matters mentioned in subsection 28(4) of the CWPO Act;
  2. if the application is for a variation that would prevent the respondent from accessing or obtaining benefits or services provided by the Commonwealth—information about alternative procedures or arrangements for how the respondent may access or obtain those benefits or services;
  3. if the application is for a variation that would prevent the respondent from contacting their electoral representative or otherwise engaging in political communication—information about alternative procedures or arrangements for how the respondent may do those things.

3. Responding to an application

3.1 The respondent may respond to the application by filing a Response – General Federal Law within 28 days of receiving the application. If the respondent seeks to defend the application, they must file either a defence or points of defence, or an affidavit (see rule 8.15 of the General Federal Law Rules).

3.2 If the respondent has not filed a Response, they must file a Notice of Address for Service prior to the first court date (see rule 5.02 of the General Federal Law Rules).

4. Case Management

Urgent interim applications

4.1 If an applicant files an urgent interim application, upon review of the application by the Court, the Registry will liaise with the relevant judicial officer and fix a date for the Court to hear the application as soon as practicable. Duty judges should not be approached by parties or practitioners directly.

All other applications

4.2 If an applicant files any other application for a CWPO aside from an urgent interim application, upon review of the application by the Court, the proceedings will be allocated to a judicial officer and listed in the ordinary course.

After an urgent interim order has been made

4.3 If the Court makes an urgent interim order, the applicant must arrange personal service of the interim order on the respondent as soon as practicable, and file an Affidavit of Service within 2 business days of service. An urgent interim order does not come into force until the order is served personally on the respondent (see subsection 18(1) CWPO Act).

4.4 An urgent interim order ceases to be in force after 7 days, unless an application for a final order against the respondent is made (see subsection 18(2) CWPO Act).

After an interim order has been made

4.5 If the Court makes an interim order and the respondent is not present, the Applicant must arrange personal service of the interim order on the respondent as soon as practicable, and file an Affidavit of Service within 2 business days of service. An interim order comes into force:

  1. if the respondent is present at the making of the order—at the time the order is made; or
  2. if the respondent is not present at the making of the order—at the time the order is served personally on the respondent.

After a final order has been made

4.6 If the Court makes a final order or a consent order and the respondent is not present, the applicant must arrange personal service of the order on the respondent as soon as practicable, and file an Affidavit of Service within 2 business days of service. The order comes into force:

  1. if the respondent is present at the making of the order—at the time the order is made; or
  2. if the respondent is not present at the making of the order—at the time the order is served personally on the respondent.

If a CWPO is varied or revoked

4.7 If the Court varies a CWPO and the respondent is not present, the applicant must arrange personal service of the varied order on the respondent, and file an Affidavit of Service. The varied order comes into force:

  1. if the respondent is present at the making of the order—at the time the order is made; or
  2. if the respondent is not present at the making of the order—at the time the order is served personally on the respondent.

4.8 If the Court revokes a CWPO, the revocation takes effect at the time the decision is made (see subsection 30(2) of the CWPO Act).

5. Costs

5.1 To achieve the overarching purpose, parties and their lawyers are expected to take a pragmatic approach to litigation, and parties’ costs should be fair, reasonable and proportionate to the importance and complexity of the issues in dispute.

5.2 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 considered just (see section 43 of the CWPO Act).

5.3 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 General Federal Law Rules.

The Honourable Justice William Alstergren
Chief Judge
Federal Circuit and Family Court of Australia (Division 2)
Issued: 1 May 2026


 

Annexure A – Template orders

THE COURT ORDERS THAT/ THE COURT ORDERS UNTIL FURTHER ORDER THAT / IT IS ORDERED BY CONSENT THAT:

[Delete where not applicable]

  1. Pursuant to the Commonwealth Workplace Protection Orders Act 2025, the Respondent, NAME, must not:
    1. be present at, or within [a specified distance] of, [specified Commonwealth workplace];
    2. be present at, or within [a specified distance] of, [specified Commonwealth workplace] except in the following circumstances [specify].
    3. communicate or associate with, or cause another person to communicate or associate with:
      1. [a specified Commonwealth worker]; or
      2. [a specified class of Commonwealth workers];

    4. communicate or associate with, or cause another person to communicate or associate with:

      1. [a specified Commonwealth worker]; or
      2. [a specified class of Commonwealth workers];

      except for [specify the circumstances in which the respondent may communicate or associate]

    5. engage in, or cause another person to engage in, further personal violence;
    6. damage, or cause another person to damage, property in [a specified Commonwealth workplace].
    7. [Specify any other orders sought to prevent the respondent from engaging in further personal violence and ensure the safety of a Commonwealth worker or of individuals present at a Commonwealth workplace]

  2. The Respondent may access or obtain the benefits or services provided by [Commonwealth agency] by:

    1. [Specify alternative procedures or arrangements for how the Respondent may access those benefits or services.] OR

    The Respondent may contact their electoral representative or engage in political communication by:

    1. [Specify alternative procedures or arrangements for how the Respondent may do those things.]
  3. The above orders remain in effect for a period of [specify time period].
Related information:
Application – Urgent Interim Commonwealth Workplace Protection Order
Originating Application – Commonwealth Workplace Protection Order
Commonwealth Workplace Protection Orders
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