Central Practice Direction: General Federal Law proceedings

(GENFED-CPD)

1. Introduction

1.1 This Central Practice Direction applies nationally to all general federal law proceedings commenced in the Federal Circuit and Family Court of Australia (Division 2) (Court). This Central Practice Direction does not apply to migration or family law proceedings.

1.2 The purpose of this Central Practice Direction is to outline the core principles applicable to general federal law proceedings in the Court that:

1. reduce unnecessary cost and delay in such proceedings; and
2. achieve the overarching purpose of civil practice and procedure provisions in s 190 of the Federal Circuit and Family Court of Australia Act 2021 (Cth) (Act).

1.3 This Central Practice Direction is to be read together with:

1. the Act;
2. the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (General Federal Law Rules);
3. the Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 (Bankruptcy Rules);
4. the Federal Court of Australia Act 1976 (Federal Court Act); and
5. the Federal Court Rules 2011 (Federal Court Rules).

1.4 This Central Practice Direction applies to all proceedings commenced on or after 1 September 2025. This Central Practice Direction also applies to all proceedings commenced prior to 1 September 2025, unless unfair or impractical to do so.

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

1.6 All other General Federal Law Practice Directions are to be read within the framework established by this Central Practice Direction.

1.7 For information about migration proceedings in the Court, parties should refer to Central Practice Direction – Migration proceedings.

1.8 For information about intellectual property proceedings, parties should also refer to General Federal Law Practice Direction – Intellectual Property proceedings.

1.9 For information about admiralty and maritime proceedings, parties should also refer to General Federal Law Practice Direction – Admiralty and maritime proceedings.

2. The Court and the Registry

2.1 The jurisdiction of the Court in general federal law proceedings includes:

1. administrative law;
2. admiralty law (in personam matters);
3. bankruptcy;
4. consumer law;
5. Fair Work law;
6. human rights;
7. intellectual property; and
8. privacy.

2.2 Registrars exercise some powers of a Judge in managing cases in the Court. For more information on the powers that can be exercised by a registrar, see Part 3 of the General Federal Law Rules.

3. Overarching purpose

3.1 The overarching purpose of the legislation relevant to civil practice and procedure is the just resolution of disputes according to law as quickly, inexpensively and efficiently as possible¹.

3.2 Parties and their lawyers have a duty to co-operate with the Court and among themselves to assist in achieving the overarching purpose. This will involve identifying the real issues in dispute early and dealing with those issues efficiently. 

3.3 To that end, parties should make a genuine effort to narrow or resolve issues in dispute in the following ways:

1. all parties must provide disclosure as required by law to assist the Court in determining the dispute or the parties in resolving the dispute;
2. an application should be brought before the Court only if it is reasonably justified on the material available;
3. parties are expected to negotiate both before and at Court to narrow the issues in dispute before the matter is heard; and
4. when appropriate, a single expert or an assessor should be engaged to assist the parties and the Court to resolve disputes.

3.4 The Court expects parties and their lawyers to have in mind at all times the cost of each step in the proceeding, and whether it is necessary. Parties should be aware that costs consequences may flow if they seek to reopen issues already resolved or to unreasonably agitate issues.

4. Urgent applications

4.1 If a matter is urgent, the filing party must tick the ‘Urgent’ box when submitting the application via eLodgment and attach a letter stating why the matter ought be heard urgently in addition to filing an affidavit setting out the reasons why the matter is urgent.

4.2 Where eLodgment is not possible, the filing party should contact the Registry to advise the type of order sought, the other party to the dispute, and why the matter is urgent.

4.3 The Registry will then liaise with the relevant judicial officer and fix a date for the Court to hear the application.

Orders before start of a proceeding

4.4 In some circumstances, a person may seek urgent orders before a proceeding has been commenced, for example search orders and freezing orders: see Part 7 of the General Federal Law Rules. 

4.5 A person seeking orders before a proceeding is commenced will need to give an undertaking to the Court to start a proceeding within 14 days after the application has been determined.

5. Transferring a proceeding

Change of registry

5.1 A party to a proceeding may apply to have the proceeding heard in a different registry of the Court for reasons such as greater convenience or a reduction in costs: see rule 2.04 of the General Federal Law Rules.

Transfer to the Federal Court of Australia

5.2 The Court may transfer a proceeding to the Federal Court of Australia on the application of a party or on the Court’s own initiative.

5.3 The transfer of a proceeding must be requested by a party before the first court date and must be supported by an affidavit: see Part 20 of the General Federal Law Rules and section 153 of the Act.

6. Case management

6.1 In order to ensure effective case management of all cases with the objective of minimising delays and costs to parties, each party must carefully consider the following throughout their proceeding:

1. the issues genuinely in dispute;
2. the use of dispute resolution where appropriate, both internal and external;
3. the most efficient way to manage lay and expert evidence;
4. eliminating or reducing the burden of disclosure;
5. making appropriate concessions; and
6. making all efforts to ensure that parties are prepared for any court event.

6.2 Where at least one party is represented by lawyers, the Court will be assisted if a short minute of proposed orders, providing a timetable dealing with the matters referred to above, has been prepared for consideration by the Court at the first court date, and where appropriate, at any subsequent court event.

6.3 Where a party seeks to adjourn a hearing or vacate a listing date, the Court expects that party to first seek the consent of all other parties to the proposed adjournment or vacation of hearing date. If agreement is reached, a minute of proposed orders should be sent to the chambers of the presiding judicial officer or Registrar, copying all other parties. If agreement is not reached, any application for an adjournment or vacation of a hearing date is to be made as soon as possible and must be supported by evidence.

7. Dispute resolution

7.1 Parties must make a genuine attempt to resolve their dispute. Parties are encouraged to use all appropriate dispute resolution processes, including the use of court-appointed Registrars to resolve or narrow issues in dispute.

7.2 Options for dispute resolution, either by agreement or by court order, include conciliation, mediation and arbitration.

7.3 The Court expects parties to meaningfully participate in dispute resolution and make a genuine effort to resolve issues in dispute, including by exchanging relevant information in advance of mediation or another dispute resolution process.

7.4 In accordance with section 161 of the Act and Part 21 of the General Federal Law Rules, the Court may refer a proceeding for dispute resolution with a Judge, a Registrar or another person that the Court appoints.

7.5 The Court may refer the proceeding for mediation. Mediation is conducted by a Registrar. Alternatively, the parties may use a private mediator appointed under the scheme conducted by the Law Society or independent Bar of the State or Territory in which the proceeding was commenced, or otherwise as agreed by the parties. Mediation may occur at any stage of the proceeding.

7.6 In accordance with rules 21.03 of the General Federal Law Rules, the Court may order arbitration and, with the parties' consent, nominate an arbitrator.

7.7 Parties are expected to consider reasonable offers of settlement at any stage of a proceeding. Failure to do so may have costs consequences.

7.8 For more information about dispute resolution, see Part 21 of the General Federal Law Rules.

8. Ending a proceeding early

8.1 In accordance with Division 23.1 of the General Federal Law Rules, a party may choose not to continue with an application by filing a Notice of Discontinuance at any time before the first court date or, if the proceeding is continuing on pleadings, at any time before the pleadings have closed.

8.2 The notice of discontinuance may be filed at a later date with leave of the Court or with the opposing party’s consent if judgment has not been entered.

8.3 A party discontinuing an application or part of an application may be liable for costs.

9. Costs

9.1 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.

9.2 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.

10 Parties' conduct and communication with the Court

10.1 At all times, parties are expected to communicate courteously with each other, the Court and all Court staff.

10.2 Parties should only communicate with chambers staff of a Judge or Registrar where it is appropriate to do so. Unless the communication is in respect to an ex parte application, such communication must always be open and occur with the prior knowledge and consent of all other parties to the proceeding. This requirement will not be satisfied simply by copying in others to the communication, which may be adequate only in entirely uncontroversial communications. 

10.3 For information about communicating with the Court, parties and their lawyers should refer to the Guide to communications with the Courts.

11. Further information

11.1 For further information on how general federal law proceedings are conducted in the Court, please refer to the Court's website.

Footnote:

¹ Section 190 of the Federal Circuit and Family Court of Australia Act 2021 (Cth) and rule 1.05 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth).

The Honourable Justice William Alstergren
Chief Judge
Federal Circuit and Family Court of Australia (Division 2)
Date: 1 September 2021
Re-issued: 1 September 2025