Urgent (Duty) Matters - How to Apply


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.

Urgent matters in existing proceedings

If your urgent applications relating 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.

If 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 depending which national practice area (NPA) the urgent matter relates to, the appropriate Duty Judge - General Duty Judge or Commercial & Corporations NPA Duty Judge - will hear the matter. 

Urgent Commercial & Corporations NPA matters

For urgent Commercial & Corporations NPA applications practitioners should liaise directly with the chambers of the Commercial & Corporations Duty Judge (listed on the Current Duty Judges and the Daily Court List). 

Urgent General matters

For urgent applications not in the Commercial & Corporations NPA or Admiralty & Maritime NPA practitioners should liaise directly with the chambers of the General Duty Judge (who is listed on the Current Duty Judges and Daily Court List). 

Urgent Admiralty & Maritime NPA matters

For urgent Admiralty & Maritime NPA applications:

  • To a Judge: For urgent judge-related Admiralty & maritime applications, practitioners should approach the Admiralty & Maritime Registry Co-ordinating Judge in the relevant registry (through his or her associate).
  • To a 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 under Contact the Court.

    Urgent applications for the arrest of a vessel may be made at any time, including outside Court hours. After-hours contact details are listed on the Daily Court List and under Contact the Court.

    More information on Admiralty & Maritime NPA matters is available on the Admiralty & Maritime webpage.

Self-represented litigants

If you are self-represented and have an urgent matter, you should contact the local registry in the first instance. A dedicated staff member (the SRL Co-ordinator / NCF Coordinator) in the local registry will be able to assist you. Contact details for the SRL Co-ordinator / NCF Co-ordinator is available on the Court's Daily Court List

Urgent after-hours matters

If you have an urgent application to be filed outside of Court business hours, the after-hours contact arrangements are set out on the Daily Court List and also in the Contact Us information for your local Registry.

 

Commencing an urgent matter

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
  • Form 12 - Urgent Application before a start of a proceeding accompanied by an affidavit
  • Rule 7.01(2)
  • Form 15 – Originating Application specifying a claim for interlocutory relief
  • Rule s 8.01(1); 8.04(1)

(b) For an existing matter which has already been allocated to a judge:

Form Federal Court Rules 2011
  • Form 35 - Interlocutory Application and if appropriate, be accompanied by an affidavit
  • Rule 17.01
  • Form 15 – Originating Application specifying a claim for interlocutory relief accompanied by a Statement of Claim or Affidavit
  • Rule s 8.01(1); 8.04(1)

 

eLodging an urgent matter

Urgent applications can still be eLodged. Details on how to eLodge an urgent application is available under eLodgment FAQs.