Federal Court Civil Proceeding (Respondent) - Respondent Defending the Proceeding

What must a respondent file before the first directions hearing?: A notice of address for service in Form 10 (r 5.02), filed before any other document (r 11.06), and, if the applicant filed a genuine steps statement, the respondent's own statement in Form 11 saying whether it agrees and, if not, why (r 5.03 and s 7 of the Civil Dispute Resolution Act 2011). An application to set aside service or the originating application must be filed with the notice of address for service (r 13.01(3)).

Can a respondent's offer shift the costs of a Federal Court case?: Yes. If the applicant does not accept a respondent's offer to compromise in Form 45 and then obtains a judgment less favourable than the offer, it is not entitled to costs after 11.00 am on the second business day after the offer was served and must pay the respondent's costs from then on an indemnity basis (r 25.14(1)). If the applicant unreasonably failed to accept and its claim is dismissed, it pays party and party costs before that time and indemnity costs after (r 25.14(2)).

Jurisdiction: Federal Court of Australia, original jurisdiction exercised by a single docket judge in the relevant National Practice Area under the Central Practice Note CPN-1.

The Process at a Glance: The respondent's lawyer checks service and diarises every deadline, files a notice of address for service and the respondent's genuine steps statement before the first directions hearing, and decides whether to defend, submit or make an early offer. Any challenge to jurisdiction or service is filed with the notice of address for service. On pleadings, the defence and any cross-claim are filed within 28 days of service of the statement of claim, and early applications for security for costs, strike-out or summary dismissal are considered. The docket judge then manages the case through discovery, admissions, mediation and evidence to trial, after which costs are fixed by lump sum or taxation.

Key Legislation: Federal Court Rules 2011 (Cth) - rr 5.02 and 5.03, 11.06 to 11.08, 12.01, 13.01, Part 15 (cross-claims), rr 16.07 to 16.10 and 16.32, 19.01, Parts 20 to 22, 24 and 25, 26.01 and 26.11, Division 40.2. Federal Court of Australia Act 1976 (Cth) - s 31A(2) (summary judgment for a defending party), s 37N and s 43. Civil Dispute Resolution Act 2011 (Cth) - ss 7, 11 and 12. Evidence Act 1995 (Cth) - ss 67, 68, 97 and 98.

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