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Federal Court of Australia

On 1 July 2009 the Federal Circuit Court of Australia commenced exercising jurisdiction in relation to:

  1. any civil matter arising under the Fair Work Act 2009
  2. any civil matter arising under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
  3. any matter arising under the Workplace Relations Act 1996 that is pending before the Court as at 1 July 2009
  4. any civil matter arising under the Workplace Relations Act as it continues to apply because of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009- these will include any matters relating to conduct that took place prior to 1 July 2009.

As at 1 January 2012 the Federal Circuit Court of Australia commenced exercising jurisdiction in relation to civil matters arising under the Work Health and Safety Act 2011.

Small claim procedures

  1. Section 548 of the Fair Work Act 2009 makes provision for certain proceedings to be dealt with as small claims proceedings. An application may request that an application for compensation be dealt with under this Division if the compensation is not more than $20 000 and the compensation is for an entitlement mentioned in subsection 548(1A) of the Fair Work Act 2009. When dealing with a small claim application the Court is not bound by the rules of evidence but may inform itself of any matter in any manner as it thinks fit. 
  2. A party to a small claims application may not be represented by a lawyer without the leave of the Court.

Rules in relation to the conduct of proceedings in the Fair Work Division are found in Chapter 7 of the Federal Circuit Court Rules 2001

A list of approved forms for use in the Fair Work Division is available in the form section of this site.

 

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Page Updated 7 February 2012