Legal Project Management Plan & Checklist
Practitioner plan for an employee general protections dismissal claim in the Federal Court after the Fair Work Commission issues its certificate.
How long do I have to file a general protections court application after the FWC certificate?: The application must be made within 14 days after the day the Fair Work Commission issues its certificate that all reasonable attempts to resolve the dismissal dispute have been, or are likely to be, unsuccessful (s 370(a) Fair Work Act 2009). The court can allow a further period only on an application made during or after those 14 days. The certificate is not needed if the court application includes an application for an interim injunction (s 370(b)).
Which form starts a general protections dismissal claim in the Federal Court?: An originating application in Form 79 (r 34.03 Federal Court Rules 2011), or in Form 81 where the claim is that the dismissal contravened s 351(1) because of a protected attribute such as race, sex, age or disability (r 34.05). The application must include every other claim for relief and must be accompanied by the FWC certificate. Under the Court's Employment and Industrial Relations Practice Note (E&IR-1) it must also be accompanied by a statement of claim, an affidavit or, in appropriate cases, a concise statement.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
Who has to prove the reason for the dismissal in a general protections case?: Once the employee alleges that the employer dismissed them for a prohibited reason, it is presumed that the action was taken for that reason unless the employer proves otherwise (s 361(1)). A reason counts if it is one of the reasons for the action (s 360). The presumption does not apply to orders for an interim injunction (s 361(2)).
Can the employee be ordered to pay the employer's costs?: Only in limited cases. A party may be ordered to pay another party's costs only if it instituted the proceedings vexatiously or without reasonable cause, its unreasonable act or omission caused the other party to incur the costs, or it unreasonably refused to participate in a matter before the FWC that arose from the same facts (s 570).
Jurisdiction: Federal Court of Australia, Fair Work Division, in the Employment and Industrial Relations National Practice Area, with initial case management in the National General Protections List. The Federal Circuit and Family Court of Australia (Division 2) has concurrent jurisdiction (s 539(2), table item 11).
The Process at a Glance: The lawyer receives the FWC certificate, diarises the 14-day deadline and checks that no other dismissal remedy bars the claim. The adverse action and the prohibited reason are analysed and the client is advised on the court, remedies and costs. The originating application (Form 79 or Form 81) is filed with the certificate and a statement of claim, affidavit or concise statement, and served on the employer at least 5 days before the first hearing. A Registrar case-manages the matter in the National General Protections List and may refer it to mediation. If it does not settle it is allocated to a docket judge for discovery, outlines of evidence and trial, where the employer must prove its actual reasons. The Court can order compensation, reinstatement, injunctions and pecuniary penalties.
Key Legislation: Fair Work Act 2009 (Cth) ss 340, 341, 342, 351, 352, 360, 361, 365, 366, 368, 369, 370, 539, 545, 546, 570, 725, 727 to 732; Federal Court Rules 2011 (Cth) rr 5.02, 8.05, 8.06, 28.01, 28.25, 29.02, 34.03, 34.05, 36.01 and 36.03; Civil Dispute Resolution Act 2011 (Cth) s 16(1)(c); Employment and Industrial Relations Practice Note (E&IR-1).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the General Protections Court Application (Applicant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Employment Law cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
Confirm that a general protections court application can be made in time and is worth bringing.
Start the proceeding in time, in the correct form, with every claim for relief included.
Move the proceeding through initial case management and into mediation or allocation to a docket judge.
Resolve the claim at mediation or have the evidence ready for trial.
Obtain and give effect to the Court's orders.
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