Reply (Form 34)
Form 34 is the reply an applicant files in the Federal Court of Australia to plead a new matter raised by the defence (Federal Court Rules 2011 r 16.33).
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 34
- Version
- v1b289c2e
- 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 34 is for
Under rule 16.33 of the Federal Court Rules 2011, if a respondent files a defence and the applicant wants to plead a matter of fact or point of law of the kind in rule 16.08, the applicant must file a reply in accordance with Form 34 within 14 days after being served with the defence. Rule 16.08 covers matters that raise an issue not arising from the earlier pleading, that might take another party by surprise, or that the party says make the other side's claim or defence not maintainable. If no reply is filed, a joinder of issue is implied and each allegation of fact in the defence is taken to be denied (r 16.11(1)).
When you need it
- The defence raises something new, such as a limitation defence, set-off or release, and you want to plead facts in answer to it.
- You need to plead a matter that would otherwise take the respondent by surprise at trial (r 16.08(b)).
- Not needed just to deny the defence: without a reply, the defence's allegations of fact are taken to be denied (r 16.11(1)).
How to fill it in
- 1
Complete the heading
Use the same file number, District Registry, Division and party names as the statement of claim and defence.
- 2
Plead the reply
In consecutively numbered paragraphs, respond to the defence. Plead material facts, not evidence, state any statutory provisions relied on, and be as brief as the case permits (r 16.02). If you admit or expressly plead to an allegation, the joinder of issue operates as a denial of the rest (r 16.11(2)).
- 3
Date and sign
Date and sign as the applicant or the applicant's lawyer.
- 4
Prepared by and lawyer's certificate
State who prepared the pleading. If a lawyer prepared it, the lawyer signs the certificate that the available factual and legal material gives a proper basis for each allegation, denial and non-admission (r 16.01).
Filing, lodging and service
- File within 14 days after being served with the defence (r 16.33). The Court can extend the time (r 1.39).
- File in the existing proceeding, usually through eLodgment using the file number.
- Serve the reply on the other parties. Under the Rules, file means file and serve (Dictionary).
- Pleadings between an applicant and respondent close at the end of the latest time fixed for filing a defence, reply or other pleading between them (r 16.12).
Common mistakes
- Do not use a reply to raise a new claim. Additional relief must be claimed in the originating application (r 16.02(4)), which may need amending.
- A pleading must not be evasive or ambiguous or likely to cause prejudice, embarrassment or delay (r 16.02(2)).
- In employment and industrial relations cases, E&IR-1 notes the reply is filed within 14 days of the defence (para 4.5).
Frequently Asked Questions
Do I have to file a reply to a defence in the Federal Court?
Only if you want to plead a new matter of the kind in rule 16.08. Otherwise, a joinder of issue is implied and the allegations of fact in the defence are taken to be denied (r 16.11).
How long do I have to file a reply in the Federal Court?
14 days after being served with the defence (r 16.33).
Checked against the official sources on 26 October 2026
- Federal Court Rules 2011 (Cth) Part 16 (rr 16.01, 16.02, 16.07, 16.08, 16.11, 16.12, 16.33), r 1.39, Dictionary
- Federal Court of Australia - Employment and Industrial Relations Practice Note (E&IR-1)
- Federal Court of Australia - Form 34 Reply
- 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
8 boxes on the Reply (Form 34) fill from your matter.
- Our Firm
- Firm name
- Client
- Client full name(s), Client state
- Parties
- Applicant full name(s)
- Operator
- User First Name
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