Originating application (Form 15)

Rule 8.01 of the Federal Court Rules 2011 says a person who wants to start a proceeding in the Court's original jurisdiction must file an originating application in accordance with Form 15. The application must include the applicant's name, address and address for service, and say so if the applicant sues in a representative capacity (r 8.01(2)). Form 15 also carries the certificate a lawyer must sign under section 486I of the Migration Act 1958 before filing an application that starts migration litigation (r 8.04). Some kinds of proceeding have their own approved form (for example Fair Work, human rights, arbitration and class action applications), so check Chapter 3 of the Rules before using Form 15.

When you need it

• You are starting a new proceeding in the Federal Court and no more specific form applies to your kind of claim.
• You are a lawyer starting migration litigation and need to give the section 486I certificate (r 8.04).
• You are suing in a representative capacity (for example as a trustee). A class action under Part IVA uses Form 19 instead.
• You want interlocutory relief, such as an urgent injunction, as well as final relief.

1. 1

   Complete the heading

   Leave the file number for the Registry. Fill in the District Registry (State) and Division, then the first applicant and first respondent. If there are more parties, add "and others named in the schedule" and list them in the schedule at the end.

2. 2

   Set out the details of claim

   In numbered paragraphs, state all the final relief you seek. If relief is claimed under an Act, name the Act and the provision. Give details of any injunction or declaration sought and of any claim for exemplary damages. You do not need to include a claim for costs.

3. 3

   Add interlocutory relief and representative capacity if needed

   Keep the interlocutory relief section only if you seek it, with each order in numbered paragraphs. Keep the representative action section only if you sue in a representative capacity, and give details. Delete the sections that do not apply.

4. 4

   Give your addresses

   Give an address for service in Australia where documents can be left and posted (r 11.01), and an email address. Also give your residential or business address (individuals) or principal place of business (corporations).

5. 5

   Choose the service statement, date and sign

   Keep one of the three options: serving all respondents, serving only named respondents, or serving none. Date and sign as the applicant or the applicant's lawyer.

6. 6

   Migration certificate (lawyers only)

   For migration litigation, the lawyer certifies that there are reasonable grounds for believing the litigation has a reasonable prospect of success. The Court will refuse to accept the application without it (r 8.04 note 2). Delete it in any other case.

• File the application with its accompanying document: a statement of claim (Form 17) if you claim damages, or a statement of claim or an affidavit if you do not, unless a practice note requires or permits another document such as a concise statement (r 8.05). File through eLodgment or at a Registry (r 2.21). A filing fee applies - check the current fee schedule.
• If Part 2 of the Civil Dispute Resolution Act 2011 applies, file the applicant's genuine steps statement (Form 16) at the same time (r 8.02).
• The Registry fixes the return date and place and endorses them on the application (r 8.05 note 2).
• Serve the application and accompanying documents personally on each respondent as soon as practicable and at least 5 days before the first directions hearing or hearing, whichever is earlier (r 8.06). The Court can extend or shorten that time (r 1.39).

• Claim everything you want in the application. A party cannot seek relief in a pleading beyond what is claimed in the originating application (r 16.02(4)).
• Check Chapter 3 of the Rules before you start. Fair Work, human rights, native title, arbitration and Part IVA proceedings each have their own form.
• The Central Practice Note limits a concise statement to 5 pages, including formal parts (CPN-1 para 6.10).