Urgent (Duty) Matters - How to Apply
- How to apply
- Duty Practice Note (GPN-DUTY)
- Daily Court List
- Urgent applications in existing proceedings
- Urgent applications in new proceedings
- Urgent applications in Admiralty & Maritime proceedings
- Litigants in person - Commencing an urgent application
- Certificate of Urgency
- Court forms - eLodging an urgent application
How to apply
The Court will actively assist parties to bring on urgent applications which may require an urgent listing at the earliest appropriate time, whether in a proceeding which has not yet been commenced or in a proceeding which has already been docketed to a judge or is otherwise being case-managed by a judge, for example in a specialty list.
Duty Practice Note (GPN-DUTY)
The process for applying to have a matter determined as an urgent (duty) application is set out in the Duty (Urgent) Applications Interim Practice Note during 3 Region Trial (GPN-DUTY) . Applicants seeking to proceed with an urgent (duty) application must read and be thoroughly familiar with the GPN-DUTY Practice Note.
Applicants are required to submit a Certificate of Urgency (DOCX, 46 KB) in support of their application for an urgent listing in the form set out in Annexure A to the GPN-DUTY Practice Note. The process of completing the Certificate of Urgency will assist the applicant to provide the information that the Court needs to assess whether the application will be determined as a duty matter.
Daily Court List
The relevant first point of contact for applicants and practitioners seeking to bring on an urgent application for an urgent listing will vary depending on the circumstances of the application. The contact details for the Duty Judge(s) and the relevant Duty Registrar are published on the Court’s website.
Urgent applications in existing proceedings
If your urgent application relates to an existing proceeding which has already been docketed to a judge (i.e. at an interlocutory stage) the application should be heard wherever possible by the Docket Judge (or the Judge who is otherwise case managing the proceeding, whether in a specialist list or otherwise).
If after contacting the Docket Judge, it is confirmed that the Docket Judge is unavailable or should not hear the application because of the nature of the application (e.g. certain legal privilege-related applications or bias applications), then an application may be made to the Duty Judge for the matter to be heard and determined by the Duty Judge. In these circumstances, applicants should follow the same process as applies for urgent applications in new proceedings.
Urgent applications in new proceedings
Applicants for urgent (duty) applications must:
- read and be familiar with the GPN-DUTY Practice Note; and
- submit a Certificate of Urgency (DOCX, 46 KB) in accordance with the GPN-DUTY Practice Note when applying to have an application listed as a duty application.
If the urgent (duty) application is brought in one of the registries which operate two duty streams, the applicant must identify, according to the criteria in the Practice Note, whether the application is a General Duty Application or a Commercial and Corporations Duty Application. The following registries presently operate two duty streams with at least one General Duty Judge and at least one Commercial & Corporations Duty Judge:
The following registries presently operate a single combined duty stream with at least one Duty Judge for both General Duty Applications and Commercial & Corporations Duty Applications:
Where the Duty Judge is satisfied it is appropriate to do so, urgent (duty) applications may be heard using audio-visual links.
If you are a person or *corporation without legal representation and have an urgent (duty) application, you must contact:
- During business hours – the Registry using the contact details published on this website; or
- After Hours (as defined in the GPN-DUTY Practice Note) – the After Hours Duty Registrar using the contact details published on this website.
*Corporations should be aware that under rule 4.01(2) of the Federal Court Rules 2011 (Cth), a corporation must not proceed in the Court other than by a lawyer, although the Court may dispense with compliance with this rule in some circumstances, if satisfied it is appropriate to do so.
If you are a practitioner and have an urgent (duty) application, you should contact:
- During business hours – the chambers of the relevant Duty Judge using the contact details published on the website; or
- After Hours (as defined in the GPN-DUTY Practice Note) – the After Hours Duty Registrar using the contact details published on the website. The After Hours Duty Registrar will liaise as necessary with the chambers of the relevant Duty Judge.
Urgent applications in Admiralty & Maritime proceedings
For urgent Admiralty & Maritime NPA applications:
- To a Judge:
For urgent judge-related Admiralty & Maritime applications, practitioners should approach the Admiralty & Maritime Registry List Judge in the relevant registry (through his or her associate). Contact details are available at Urgent Admiralty and Maritime Applications. - To a Judicial Registrar – Arrest of a vessel:
For urgent applications for the arrest of a vessel, practitioners should contact the Duty Registrar (or other nominated Registrar) in the local registry where the arrest will take place. Contact details are listed at Urgent Admiralty and Maritime Applications.
Urgent applications for the arrest of a vessel may be made at any time, including outside Court hours. After-hours contact details are listed at Urgent Admiralty and Maritime Applications.
More information on Admiralty & Maritime NPA matters is available on the Admiralty & Maritime webpage.
Litigants in person
If you do not have legal representation and have an urgent (duty) application, it may be of assistance to obtain legal advice and help to put together your urgent application. A lawyer can help you understand your legal rights and responsibilities. They can also explain how the law applies to your case. There are several free legal assistance services available.
The Court is unable to provide legal advice because to do so could seriously compromise the Court’s ability to impartially determine a case.
Commencing an urgent application
(a) Certificate of Urgency
For all requests for an urgent hearing as an urgent (duty) application, a Certificate of Urgency (DOCX, 46 KB) must be filed in accordance with the requirements of the Duty (Urgent) Applications Interim Practice Note during 3 Region Trial (GPN-DUTY) .
(b) Court forms
For urgent (duty) applications in a proceeding which has not yet been commenced, the key forms and rules are:
The key forms and rules for generally commencing urgent applications are:
(a) For a proceeding which has not yet been commenced
| Form | Federal Court Rules 2011 |
|---|---|
|
|
|
|
(b) For an existing matter which has already been allocated to a judge:
| Form | Federal Court Rules 2011 |
|---|---|
|
|
|
|
eLodging an urgent application
Urgent (duty) applications can still be eLodged. Details on how to eLodge an urgent (duty) application is available under eLodgment FAQs.
Urgent (duty) applications should be submitted for eLodgment where time permits. The relevant Duty Judge, Duty Registrar or After Hours Duty Registrar may direct that an urgent (duty) application form be provided in a way other than by eLodgment.
