Notice of objection to application being considered without oral hearing (Form 119)
Form 119 is the Federal Court of Australia notice objecting to an application, such as for leave to appeal, being decided on the papers without an oral hearing.
Word document from Federal Court of Australia's website.
DraftOur fillable copy of this form has not been through editorial review yet. Check it against Federal Court of Australia's current form before you rely on it.
- Format
- Word (DOCX)
- Category
- Court form
- Form number
- Form 119
- Version
- ve1e4c402
- Last updated
- 14 October 2026
Federal Court of Australia · Federal Court Rules 2011
For law practices: this form maps to the published matter-field vocabulary, so your practice management system fills it from your matter data - on your own machine. Practice management systems can fetch and assemble it through the document assembly API.
What Form 119 is for
The Federal Court Rules 2011 allow certain appeal-related applications to be decided on written submissions without an oral hearing. An applicant for leave to appeal, or for an extension of time to seek leave, may ask for that (r 35.18), and in appeals a party may ask for applications such as extensions of time, joinder, amendment of grounds, summary judgment, dismissal for default, costs or directions to be dealt with on the papers (r 36.41). A party who objects must file a notice in accordance with Form 119 stating the reasons for the objection (rr 35.20, 36.43). The Court then decides whether the application proceeds by oral argument.
When you need it
- You are a respondent to an application for leave to appeal (Form 117) or for an extension of time to seek leave (Form 118) and the applicant wants it decided without a hearing (r 35.20).
- You are a party to an appeal and another party has asked for an application listed in rule 36.41 to be decided on the papers (r 36.43).
- You think the issues need oral argument, for example because of disputed facts or complexity.
How to fill it in
- 1
Copy the heading of the proceeding
Use the file number, District Registry, Division and party names exactly as they appear on the originating application or notice of appeal (rr 2.13, 2.14). If there are two or more applicants or respondents, add "and another" or "and others" after the first name, as the form prompts.
- 2
Identify the application
Insert your name and role, and briefly describe the application, for example "leave to appeal".
- 3
Reasons for objection
State why the application should not be decided without an oral hearing (rr 35.20, 36.43). Keep it specific to the application.
- 4
Date and sign
Sign as the party or the party's lawyer.
Filing, lodging and service
- File it in the existing proceeding, usually through eLodgment using the file number. Rule 2.21 also allows lodging at a Registry, by post or by fax.
- Serve it on the other parties. Under the Rules "file" means file and serve (Dictionary).
- Rules 35.20 and 36.43 do not set a time limit, so file promptly after you learn the application is to be dealt with on the papers.
Common mistakes
- Filing Form 119 does not guarantee a hearing. The Court decides whether the application proceeds by oral argument (notes to rr 35.20, 36.43).
- If the application does go on the papers, submissions must meet rule 35.19 or 36.42, including a 10-page limit.
Frequently Asked Questions
Can a Federal Court leave to appeal application be decided without a hearing?
Yes. Under rule 35.18 the applicant may ask for that, and the respondent can object by filing Form 119 (r 35.20).
What happens after I file Form 119?
The Court determines whether the application proceeds by oral argument.
Checked against the official sources on 26 October 2026
- Federal Court Rules 2011 (Cth) rr 35.11 to 35.20, 36.41 to 36.43, Dictionary
- Federal Court of Australia - Form 119 Notice of objection to application being considered without oral hearing
- Federal Court of Australia - Forms under the Federal Court Rules 2011
- Federal Court of Australia - eLodgment
General information about the form, not legal advice about your matter. Rules and forms change: if anything here differs from the court or agency's current instructions, theirs apply.
Field map
7 boxes on the Notice of objection to application being considered without oral hearing (Form 119) fill from your matter. 3 are for you to complete: ticks, signatures and anything that needs judgement.
- Our Firm
- Firm name
- Client
- Client full name(s), Client state
- Key Dates
- Current date
- Operator
- User First Name
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