Originating Application – 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 for commencing an application in the Federal Circuit and Family Court of Australia alleging unlawful discrimination under the Australian Human Rights Commission Act 1986: see rule 28.03(1) 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 must insert the name/s and address/es of each respondent in the ‘Important Notice to Respondent/s’ box at the end of the form.
4. The grounds of the application must explain briefly the basis on which the orders are sought. Provided you complete this application form satisfactorily, you do not need to file a supporting affidavit or pleading. However, if you do not fully complete this form, you may also need to file either a pleading by way of a statement of claim or points of claim, or an affidavit setting out the evidence supporting your application. If you file a pleading it should comply with Part 13 of the Rules and it should identify in summary form the material facts on which you rely, but not the evidence by which those facts are to be proved.
5. You must attach a copy of the complaint that you made to the Australian Human Rights Commission and a copy of the notice of termination to this application.
6. If this application is more than 60 days after the date on the notice of termination, you will need to seek an extension of time and must file an affidavit explaining the delay and showing why the Court should grant an extension.
7. If you are completing this application by hand and you need more space in any section, attach extra page/s as required.
8. 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.
9. Unless the Court orders otherwise, an application filed (and other documents filed with it) must be served as soon as possible and at least 5 days before the first court date: rule 8.05 of the Rules. The application filed (and any other documents filed with it) must be served personally: Division 10.1 of the Rules. The application and other documents must be served on each party and the person against whom orders are sought if that person is not a party.
10. You must also give a sealed copy of the application, and any other documents filed with the Court, to the Australian Human Rights Commission at least 5 days before the first court date: see rule 28.04 of the Rules.