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Step by step guide - Preparing for the hearing

Information about preparing for your hearing at the Federal Circuit and Family Court of Australia for general protections dismissal claim.

  • Note

    Note

    Before the hearing you should start preparing your case. The Court will make directions telling you:

    • the date of the hearing
    • what you must do before the hearing (for example, file witness statements by a certain date).

You only need to follow this step if the Court made an order about you filing and serving a Statement of claim or 'points of claim'. You should check the orders made by the Court in the directions hearings for your case. If you are not sure whether you need to file and serve a Statement of claim or 'points of claim', you should get legal advice.

What is a Statement of cla​im?

A Statement of claim is a document that provides further details of what the applicant (you) says the issues are, and what laws they say the employer broke. It is sometimes called 'points of claim'.

How do I fill ​it out? 

Preparing a Statement of claim can be complicated so you should get legal advice first. A Statement of claim should explain your case and what you want (the 'remedy'). It should be written in numbered paragraphs.

For information on completing a Statement of claim, see Writing a Statement of claim, below.

What do I do once I've c​ompleted the Statement of claim?

You will need to file it with at least two other copies at the court registry, where it and the copies will be stamped with the seal of the Court. Then you have to serve a copy on (give it to) your employer. You can serve it on them at their address for service, which should be on their Response. If they have a lawyer, the address for service will usually be the lawyer's address. You can serve it in person, by post or by fax. 

Make sure you serve the Statement of claim or 'points of claim' by the date ordered by the Court.

What happen​s next?

After you've served the Statement of claim, your employer will usually have to file and serve a Defence on you by the date ordered by the Court. If they don't, you should get legal advice.

What is a Statement of claim?

A Statement of claim is a document that provides further details of what the applicant (you) says the issues are, and what laws they say the employer broke. It is sometimes called 'Points of claim'.

Will I have to use a Statement of claim in my case?

Whether you will have to prepare a Statement of claim will depend on what orders are made by the Judge at a directions hearing. The Judge may make an order that you file and serve a Statement of Claim at the first directions hearing, or at a further directions hearing. They may order that you file 'Points of claim' instead, but they are basically the same thing, although Points of claim can be less formal.

 Before preparing, filing or serving your Statement of claim, you should get legal advice​.

Where can I get a blank Statement of claim?

The Federal Circuit and Family Court of Australia does not have a set form for a Statement of claim. However, you can use the Federal Court of Australia form and amend it to include the Federal Circuit and Family Court of Australia's details.

You can get a copy of a blank Statement of Claim from the:

What's in a Statement of claim?

A Statement of claim (or Points of claim) should set out what your claim is against your employer. You should use numbered paragraphs which state each of the important points of your case. These are called 'pleadings'. Some pleadings may need 'particulars', which are the facts that support the pleadings.

If you don't know what to put in a Statement of claim, you should get legal advice.

Instructions: Instructions - Statement of claim

Sample: Sample statement of claim

What do I do when I've completed my Statement of claim?

You will need to file your Statement of claim and serve a copy on your employer. Make sure you file and serve it by the time ordered by the Judge at the directions hearing.

 If the Court orders you to file a Statement of claim (or Points of claim), it will also order that your employer file and serve a Defence (or Points of defence) by a certain date.

A Defence is a document that responds to your Statement of claim. Generally, a Defence will respond to each separate paragraph (pleading) in your Statement of claim. If a Defence 'admits' a paragraph of the Statement of claim, this means that the employer agrees with that paragraph. If a Defence 'denies' a paragraph, this means that the employer does not agree with that paragraph.

Sample:  Sample defence

If you've been served with a Defence, you should get legal advice about the issues raised by the respondent

The Court will usually make an order that you have to 'serve evidence' on your employer. Evidence will usually be given in writing in the form of an affidavit. An affidavit is like a statement, but it is sworn or affirmed in front of a lawyer or Justice of the Peace.

For more information about how to prepare evidence, see Evidence - Federal Circuit and Family Court of Australia.

You will need to take these things with you to the hearing:

  • your application and claim form
  • your employer's response
  • your Statement of claim (if you had to prepare one) 
  • your employer's defence (if they had to prepare one)
  • copies of any orders made at directions hearings
  • your affidavits
  • any affidavits served on you by your employer 
  • annexures and exhibits to any of the affidavits being used in the case
  • your notes for speaking to the Judge
  • a notebook and pen to make notes during the hearing
  • highlighters and post-it notes to mark important information 
  • your witnesses.

When you are at the hearing, you will have to show the Court that:

  • you were dismissed from your job
  • your dismissal broke the laws about general protections in the workplace.

To do this you will need to provide the Court with evidence. Write down the main points you want to tell the Judge. This may include:

  • stating briefly the circumstances which led to the application (including the general protection that you say your employer breached)
  • mentioning the witnesses, documents and other evidence that support your case
  • explaining what parts of the respondent's evidence you dispute or disagree with, and why.

​You could practice saying what you want to tell the Judge with one of your friends or relatives. You could also go to the Federal Circuit and Family Court of Australia and watch some hearings. If you telephone the Court, you can find out the dates and times that general protections dismissal hearings are held. Courts are open to the public (except if a case involves a child) and you can sit in the public area at the back of any court and watch