Referral certificate (Form 9)
Form 9 is the referral certificate the Federal Court of Australia issues under rule 4.12 to refer a party, often one without a lawyer, for pro bono legal help.
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 9
- Version
- v2e34d807
- 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 9 is for
Rule 4.12 of the Federal Court Rules 2011 lets the Court refer a party to a lawyer for legal assistance by issuing a referral certificate in accordance with Form 9. In deciding whether to refer, the Court may consider the party's means, their capacity to otherwise obtain legal help, the nature and complexity of the proceeding and any other relevant matters. The certificate may state the kind of help, and a Registrar then tries to arrange a pro bono lawyer to provide it (r 4.12(4)). A party has no right to apply for a referral (r 4.13): it is the Court's decision. The Litigants in Person Practice Note (GPN-LIP) explains this to self-represented parties.
When you need it
- A Judge has decided to refer a party for legal assistance in a proceeding. The certificate is prepared by the Judge's associate, not by the party.
- A pro bono lawyer wants to understand what they are being asked to do. The certificate sets out the nature of the assistance.
- Not a form a party files to ask for help. Rule 4.13 says a party is not entitled to apply for a referral.
How to fill it in
- 1
Heading
The certificate carries the file number, District Registry, Division and party names of the proceeding.
- 2
Associate's certificate
The Judge's associate certifies that on a stated date the named Judge determined that the named litigant, in their role in the proceeding (for example Applicant), be referred for legal assistance under rule 4.12.
- 3
Nature of assistance
The certificate describes the legal assistance for which the referral is made, for example to obtain advice, or to appear at the hearing listed for a certain date.
- 4
Date and signature
It is dated and signed by the Judge's associate.
Filing, lodging and service
- The Court issues the certificate. A Registrar then attempts to arrange a pro bono lawyer to provide the assistance (r 4.12(4)).
- The certificate ceases to have effect if no lawyer accepts it within 28 days after the referral, once the assistance is provided, if the lawyer ceases acting under rule 4.15, or when the proceeding ends or is transferred (r 4.17).
- A lawyer who accepts the referral must provide assistance in accordance with the certificate (r 4.14) and can stop only with the assisted party's written agreement or a Registrar's permission (r 4.15).
Common mistakes
- The pro bono lawyer may ask you to pay disbursements reasonably incurred, such as copying or filing costs (r 4.18).
- Professional fees can only be charged under a costs agreement that limits them to costs actually recovered from the other side (r 4.19).
- Keep preparing your case while a lawyer is found. The referral does not stop deadlines running.
Frequently Asked Questions
Can I ask the Federal Court to refer me to a pro bono lawyer?
You are not entitled to apply for a referral (r 4.13). The Court decides whether to refer a party in each case, taking into account matters such as means and the complexity of the case (r 4.12(2)).
Do I have to pay a pro bono lawyer appointed under a referral certificate?
Only reasonable disbursements, and professional fees only under a costs agreement that limits them to costs ordered and actually paid by the other side (rr 4.18, 4.19).
Checked against the official sources on 26 October 2026
- Federal Court Rules 2011 (Cth) Division 4.2 (rr 4.12 to 4.19)
- Federal Court of Australia - Litigants in Person Practice Note (GPN-LIP)
- Federal Court of Australia - Form 9 Referral certificate
- Federal Court of Australia - Forms under the Federal Court Rules 2011
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
8 boxes on the Referral certificate (Form 9) fill from your matter. 2 are for you to complete: ticks, signatures and anything that needs judgement.
- Client
- Client full name(s), Client state
- Key Dates
- Current date
- Operator
- User First Name
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