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.
What should I do next?
All intellectual property matters filed in the Court are docketed in the National IP List and case managed by the IP List judge.
Court appearances are managed by video link or telephone link when parties or their representatives are in differing locations. For more information about attending court this way see Electronic hearings.
You should file and serve a Notice of address for service, and a Respondent's Genuine steps statement if the applicant filed a genuine steps statement. You must appear at the first court date.
At the first court date, the Court will make orders about the procedural steps to be taken.
Typically, these orders are to file a defence or points of defence, and affidavits. Where a concise statement has been filed, you may be required to file a concise statement in response, which can be drafted in a narrative form.
The Court may order you to file and serve a Response - General Federal Law.
Together with the defence, points of defence, or affidavit, a respondent may file a cross-claim.
Filing with the Court
Wherever possible, you must file court documents commencing or relevant to an existing intellectual property 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.
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.
