Unless the Court orders otherwise, to commence an application you must file your application within 60 days from the date on the notice of termination from the President of the Commission, or seek an extension of time for filing the application.
You will need to file:
- a completed Originating Application – Human Rights, and
- a copy of the complaint that you made to the Commission, and
- a copy of the notice of termination from the President of the Commission.
If you are out of time and want to apply for an extension of time within which to apply, you must file an affidavit explaining the delay and showing why the Court should grant an extension.
If you complete the application form satisfactorily, you do not need to file a supporting affidavit or pleading. However, if you do not fully complete the application 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 Federal Circuit and Family Court of Australia (Division 2)(General Federal Law) Rules 2025 (General Federal Law 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.
If you need to file an affidavit, see the fact sheet Preparing an affidavit.
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.
In some circumstances, you may be exempted from paying court fees, for example, if you are a concession holder. You will need to apply to the Court for the exemption, using the Application form for Exemption from Paying Court Fees – General. You can also apply for an exemption if paying court fees would cause you financial hardship. Use the Application form for Exemption from Paying Court Fees – Financial Hardship.
For the current fees and more information about applying for a fee exemption see Fees.
The filing fee is separate from legal fees you may need to pay your lawyer if you decide to use one for your matter.
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' a copy of each document on each other party.
That means you must make sure that the respondent receives the filed documents. At the hearing, the judicial officer will often ask for evidence that you have served the documents. Unless the Court orders otherwise, you must serve the application (and other documents filed with it) as soon as practicable and at least five days before the first court date.
You can serve the documents by delivering them in person. If the respondent is an organisation, corporation or partnership you may be able to send the documents by registered or express post to their registered office (see Division 10.1 of the General Federal Law Rules).
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 or the documents sent by post cannot be delivered, 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 - general federal law and migration explaining why you want substituted service. 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.
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.
Documents to be relied upon at hearing must be served no later than five days before the hearing date.
At least five days before the first court date, you must also give the Australian Human Rights Commission:
- a sealed copy of the origintating application, and
- a copy of any other documents filed.
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.
First court date
The first court date is a case management hearing to set a timetable for the case and see whether the matter might resolve.
The orders made on the first court date are likely to include an order for mediation.
The orders might also include a timetable for the respondent to file a Response – Human rights or any other documents relevant to the proceeding.
If you and the respondent can agree on a timetable, you might be able to avoid attendance at the hearing. If you have agreed, you or the respondent will have to prepare proposed consent orders. You will need to send the Court registry a draft of what you have agreed, signed by each party and stating that it is a ‘consent order’.
Costs
The Federal Circuit and Family Court of Australia (Division 2)(General Federal Law) Rules 2025 on costs apply in human rights law matters. For information on costs, parties and their lawyers should refer to Part 9 of the Central Practice Direction-General Federal Law proceedings.
