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Submitting notice (Rule 12.01(1)) (Form 29)

Form 29 is the Federal Court of Australia submitting notice, filed by a party who does not contest the relief sought and will abide by the Court's orders.

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Format
Word (DOCX)
Category
Court form
Form number
Form 29
Version
vd3db8eae
Last updated
14 October 2026

Federal Court of Australia · Federal Court Rules 2011

Preview of the first page of Submitting notice (Rule 12.01(1)) (Form 29)
Preview - first page of the form

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 29 is for

Rule 12.01 of the Federal Court Rules 2011 lets a party served with an originating application or a notice of appeal, who does not want to contest the relief sought, file a submitting notice in accordance with Form 29. The notice must say that the party submits to any order the Court may make, say whether the party wants to be heard on costs, include an address for service, and be filed on time (r 12.01(2)). It is commonly used by decision-makers, tribunals and other parties who are joined to a proceeding but take no active part in it.

When you need it

  • You have been named as a respondent and do not intend to oppose the orders sought, for example a tribunal whose decision is under review.
  • You want to stay a party for the record and possibly be heard on costs, without filing a defence or evidence.
  • You have been served with a notice of appeal and do not wish to contest the appeal.

How to fill it in

  1. 1

    Copy the heading

    Use the proceeding number, District Registry, Division and parties from the originating application or notice of appeal.

  2. 2

    Identify your role

    Insert your role in the proceeding, for example 'Second Respondent', in each place the form asks for it.

  3. 3

    Choose the costs option

    Delete either 'wants' or 'does not want' so the notice states clearly whether you want to be heard on costs (r 12.01(2)(b)).

  4. 4

    Give your address for service

    Insert a place within Australia where documents can be left and posted, and an email address (r 11.01). If you have a lawyer, it must be the lawyer's address.

  5. 5

    Date, sign and complete the footer

    Sign as the party or the party's lawyer and complete the details at the foot of the front page (rr 2.15, 2.16).

Filing, lodging and service

  • If you were served with an originating application, file the notice before the return date (r 12.01(2)(d)(i)).
  • If you were served with a notice of appeal, file it within 14 days after service (r 12.01(2)(d)(ii)).
  • File through eLodgment or at a registry, then send a copy to the other parties.

Common mistakes

  • A submitting notice is not a consent to particular orders. It says you will abide by whatever the Court orders.
  • If you might want to argue about costs, say so in the notice, because the notice must state your position on costs.
  • Keep your address for service up to date so you still receive documents in the proceeding.

Frequently Asked Questions

What is a submitting notice in the Federal Court?

A notice in Form 29 by which a party served with an originating application or notice of appeal says it submits to any order the Court may make and does not contest the relief (r 12.01).

Can I withdraw a submitting notice later?

Only with the Court's leave. The application for leave must be supported by an affidavit explaining why you want to withdraw it and how you intend to conduct the proceeding from then on (r 12.01(3), (4)).

When is a submitting notice due?

Before the return date of the originating application, or within 14 days after being served with a notice of appeal (r 12.01(2)(d)).

Checked against the official sources on 26 October 2026

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.

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7 boxes on the Submitting notice (Rule 12.01(1)) (Form 29) fill from your matter.

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Firm name
Client
Client email, Client full name(s), Client state
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Current date
Operator
User First Name

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