Commonwealth Workplace Protection Order Proceedings Practice Note (CWPO-1)
CWPO Practice Note
1. Introduction
1.1 This CWPO Practice Note (CWPO-1) sets out the practice and procedure of the Federal Court of Australia (Court) for the case management and institution of applications commenced under the Commonwealth Workplace Protection Orders Act 2025 (Cth) (CWPO Act).
1.2 This practice note:
(a) is to be read together with the:
(i) Central Practice Note (CPN-1), which sets out the fundamental principles concerning the NCF of the Court and key principles of case management procedure. The Central Practice Note is an essential guide to practice in this Court in all proceedings; and
(ii) the Federal Court of Australia Act 1976 (Cth) ("Federal Court Act") and the Federal Court Rules 2011 (Cth) ("Federal Court Rules"); and
(b) takes effect from the date it is issued and to, the extent practicable, applies to proceedings whether filed before, or after, the date of issuing; and
(c) sets out the arrangements for the management of proceedings. It is intended to set out guiding principles for the conduct of these proceedings and is not intended to be inflexibly applied.
2. Overview and definition
2.1 The CWPO Act establishes a regime where only persons authorised under the CWPO Act may apply for a Commonwealth workplace protection order (CWPO), if satisfied that the respondent has engaged in personal violence and there is a real risk that the respondent will engage in further personal violence if the order is not made.[1] An authorised person is defined in s 7 of the CWPO Act. An authorised person may delegate their functions and powers to certain persons.[2] An affected worker cannot apply for a CWPO.
2.2 There are four types of CWPOs that can be sought:
- An urgent interim order[3] – an order that is sought in urgent circumstances and before the making of an application for a final order. The Court must decide whether to make an urgent interim order as soon as practicable after the application is made. If the authorised person does not make an application for a final order within seven days after an urgent interim order is made, the urgent interim order will be in force for no more than seven days.
- An interim order[4] – an order that is sought where an application for a final order has been made but has not been finally determined. The interim order may operate until the application for the final order has been determined, revoked or withdrawn.
- A final order[5] – an order made on the determination of an application for a final order. The Court may make a final order if it is satisfied of matters including that the respondent has engaged in personal violence; and there is a real risk that the respondent will engage in further personal violence if the order is not made; and the order is necessary or desirable to prevent the respondent from engaging in further personal violence. A final order can be sought on an urgent basis.
- A consent order[6] – an order made where an application for a final order has been made and the parties to the proceeding consent to the orders. Consent orders may be made without proof or satisfaction of all the matters necessary for the making of a final order.
2.3 The Court can make a CWPO if certain procedural requirements are met, and if satisfied the respondent has engaged in personal violence, there is a real risk that the respondent will engage in further personal violence if the order is not made, and the order is necessary or desirable to prevent the respondent from engaging in further personal violence.[7] Section 6 of the CWPO Act defines "personal violence".
2.4 The Court may impose any conditions on the respondent that it considers necessary or desirable to prevent the respondent from engaging in further personal violence and ensure the safety of a Commonwealth worker or of individuals present at a Commonwealth workplace. [8]
3. Commencing proceedings
3.1 Unless otherwise specified in this practice note, the Federal Court Rules and Forms apply to the commencement of proceedings in the Court.
3.2 All documents must be lodged electronically via eLodgment unless otherwise permitted by the Federal Court Rules.
3.3 Applications submitted via eLodgment for an urgent CWPO should select that the matter is urgent and follow the procedures outlined in Duty Practice Note (GPN-DUTY). Authorised persons seeking to proceed with an urgent (duty) application must read and be thoroughly familiar with the GPN-DUTY Practice Note.
3.4 Authorised persons 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 authorised person to provide the information that the Court needs to assess whether the application will be determined as a duty matter.
3.5 If the application cannot be filed via eLodgment, the authorised person may apply by email or telephone to the Registry. For urgent after-hours applications, call 1300 720 980.
3.6 The Court is not permitted to publish the name of any affected worker in relation to proceedings for a CWPO. The authorised person is required to inform the Court in the application of any document that must be suppressed on the court file from public view (refer s 41 of the CWPO Act).
Application for an urgent interim order
3.7 An application for an urgent interim order is commenced by an authorised person filing an Interlocutory application – Urgent Interim Commonwealth Workplace Protection Order (Form 141).
3.8 An application pursuant to Form 141 is deemed to be an application in compliance with rule 17.01(1) of the Federal Court Rules.
3.9 Whilst the application need not include all of the information required for an application for a final CWPO, it must include as much information as necessary for the Court to be satisfied it is appropriate to make the order having regard to the need to make an order urgently (refer s 17(1) of the CWPO Act).
Application for a final order or consent order
3.10 An application for a final order or a consent order is commenced by an authorised person filing an Originating Application – Commonwealth Workplace Protection Order (Form 140).
3.11 An application pursuant to Form 140 is deemed to be an application in compliance with rule 8.01 of the Federal Court Rules.
3.12 The application must include:
(a) a draft of the order being sought;
(b) an explanation as to why each of the proposed conditions should be imposed on the respondent;
(c) a statement of the facts relating to why the order should be made;
(d) a summary of the grounds on which the order should be made;
(e) include information about:
(i) if a condition proposed to be imposed on the respondent by the order would prevent the respondent from accessing or obtaining benefits or services provided by the Commonwealth – alternative procedures or arrangements for how the respondent may access or obtain those benefits or services; and
(ii) if a condition proposed to be imposed on the respondent by the order would prevent the respondent from contacting their electoral representative or otherwise engaging in political communication – alternative procedures or arrangements for how the respondent may do those things;
(f) specify whether, to the extent known to the authorised person, a protective order is in force against the respondent;
(g) specify whether, to the extent known to the authorised person, the alleged personal violence has been, is or will be the subject of any civil or criminal proceedings;
(h) specify whether, to the extent known to the authorised person, the respondent is licensed or otherwise authorised to use a firearm, or is in possession of a firearm;
(i) include any other information relevant to the matters mentioned in s 25(3) of the CWPO Act; and
(j) if an application under s 13 of the CWPO Act (interim orders) is included in the application – include a statement to that effect. 3.9
Application for an interim order
3.13 An application for a final order may include an application for an interim order (refer s 13 of the CWPO Act).
Application to vary or revoke a CWPO
3.14 The respondent or an authorised person may apply for a CWPO to be varied or revoked by filing an Interlocutory Application in accordance with Form 35 (refer rule 17.01 of the Federal Court Rules).
3.15 The interlocutory application must include:
(a) information relevant to the matters mentioned in s 28(4) of the CWPO Act;
(b) if the application is for a variation that would prevent the respondent from accessing or obtaining benefits or services provided by the Commonwealth – information about alternative procedures or arrangements for how the respondent may access or obtain those benefits or services; and
(c) if the application is for a variation that would prevent the respondent from contacting their electoral representative or otherwise engaging in political communication – information about alternative procedures or arrangements for how the respondent may do those things.
3.16 Section 27 of the CWPO Act provides that an authorised person must apply to a court for a CWPO to be revoked if the authorised person is satisfied that the grounds on which the order was made no longer exists.
Responding to an application
3.17 A respondent who has been served with an originating application must file a Notice of Address for Service, in accordance with Form 10, before the first directions hearing or the hearing, whichever is the earlier.
4. Case management
4.1 The aim of case management hearings is the early identification of issues in the proceedings and means for their resolution. The parties should prepare for the first case management hearing and subsequent case management hearings as noted in Part 8 of the Central Practice Note and below.
Urgent Interim applications
4.2 If an authorised person(s) files an urgent interim application, upon review of the application by the Court, the Registry will liaise with the relevant judicial officer and fix a date for the Court to hear the application as soon as practicable. If the matter is urgent, parties should follow the instructions on the Court’s website regarding urgent duty applications: Urgent matters duty judge contact.
All other applications
4.3 If an authorised person(s) files any other application for a CWPO aside from an urgent interim application, upon review of the application by the Court, the proceedings will be allocated to a judicial officer and listed in the ordinary course.
After an urgent interim order has been made
4.4 If the Court makes an urgent interim order, the authorised person must arrange personal service of the interim order on the respondent as soon as practicable and file a Notice of Address for Service. An urgent interim order does not come into force until the order is served personally on the respondent (refer s 18(1) CWPO Act).
4.5 An urgent interim order ceases to be in force after 7 days, unless an application for a final order against the respondent is made (refer s 18(2) CWPO Act).
After an interim order has been made
4.6 If the Court makes an interim order and the respondent is not present, the authorised person must arrange personal service of the interim order on the respondent as soon as practicable a Notice of Address for Service. An interim order comes into force:
(a) if the respondent is present at the making of the order – at the time the order is made; or
(b) if the respondent is not present at the making of the order – at the time the order is served personally on the respondent.
After a final order has been made
4.7 If the Court makes a final order or a consent order and the respondent is not present, the authorised person must arrange personal service of the order on the respondent as soon as practicable and file a Notice of Address for Service. The order comes into force:
(a) if the respondent is present at the making of the order – at the time the order is made; or
(b) if the respondent is not present at the making of the order – at the time the order is served personally on the respondent.
If a CWPO is varied or revoked
4.8 If the Court varies a CWPO and the respondent is not present, the authorised person must arrange personal service of the varied order on the respondent and file a Notice of Address for Service. The varied order comes into force:
(a) if the respondent is present at the making of the order – at the time the order is made; or
(b) if the respondent is not present at the making of the order – at the time the order is served personally on the respondent.
4.9 If the Court revokes a CWPO, the revocation takes effect at the time the decision is made (refer s 30(2) of the CWPO Act).
5. Costs
5.1 Ordinarily parties to proceedings under the CWPO Act must bear their own costs, however if the Court is satisfied that there are circumstances that justify doing so, the Court may make any order for costs considered just (refer s 43 of the CWPO Act).
5.2 For more information about costs, refer to the Federal Court Rules and the Costs Practice Note (GPN-COSTS), including information concerning applications for lump-sum costs.
6. Further practice information and resources
6.1 Further information to assist litigants, including a range of helpful guides, is also available on the Court’s website. This information may be particularly helpful for litigants in person.
Enquiries and Contact Information
General queries concerning practice and procedure should be raised, at first instance, with your local registry. If a registry officer is unable to answer your query, please ask to speak to the NCF Coordinator in your local registry.
[1] Refer s 19 of the CWPO Act in respect of a final order.
[2] Refer s 46 of the CWPO Act.
[3] Refer ss 16–18 of the CWPO Act.
[4] Refer ss 13–15 of the CWPO Act.
[5] Refer ss 19–21 of the CWPO Act.
[6] Refer ss 22–23 of the CWPO Act.
[7] Refer s 20 CWPO Act in respect of a final order.
[8] Refer s 25(1) of the CWPO Act. Section 25(2) sets out matters to which those conditions might relate. In deciding whether a condition is necessary and desirable to achieve that purpose, the Court must have regard to the mandatory considerations set out in s 25(3).
D S Mortimer
Chief Justice
3 September 2026
