Federal Court Practice & Procedure

Phase 1: Commencement & Pleadings

Proceedings begin with an Originating Application and Statement of Claim, setting out the relief sought and the material facts relied on. In most cases, the applicant must also file a Genuine Steps Statement confirming the steps taken to resolve the dispute before commencing proceedings. The respondent must typically respond within the prescribed time with a Notice of Address for Service, its own Genuine Steps Statement, and a Defence. Amendments and a Reply usually follow as the pleadings are refined.

Documents Typically Filed

• Originating Application — commences the proceeding and identifies the relief sought
• Statement of Claim — sets out the material facts and legal basis for the claim
• Applicant's Genuine Steps Statement — filed in most cases, confirming the steps taken to resolve the dispute before commencing proceedings
• Notice of Address for Service — nominates where court documents are to be served
• Respondent's Genuine Steps Statement — confirms the respondent's own steps taken, or the reasons why none were taken
• Defence — admits, denies, or does not admit each allegation in the Statement of Claim
• Reply — responds to new matters raised in the Defence
• Notice of Acting / Change of Lawyer — records a change in legal representation

Phase 2: Interlocutory & Case Management

As pleadings settle, procedural disputes are usually resolved through interlocutory applications rather than the substantive hearing — orders for further and better particulars, extensions of time, or applications to set aside earlier steps. This phase can run for extended periods on more complex matters and often overlaps with the discovery phase below.

Documents Typically Filed

• Interlocutory Application — seeks a case management order, direction, or procedural ruling
• Outline of Submissions — sets out each party's legal argument and the relief sought, required for most interlocutory hearings
• Application to Set Aside — challenges an earlier procedural step or order
• Amended Document — a pleading or application refiled following amendment
• Notice to Admit — calls on the other party to admit specified facts or documents, narrowing the issues in dispute
• Notice of Dispute — formally disputes facts or documents raised by another party
• Affidavit (interlocutory) — sworn evidence filed in support of an interlocutory application

Phase 3: Discovery, Disclosure & Subpoenas

Once the issues in dispute are defined, parties exchange lists of discoverable documents and may compel production of documents or attendance of witnesses from parties or third parties. This is usually the most document-intensive phase of the proceeding — see the eDiscovery page for how that volume gets managed in practice.

Documents Typically Filed

• List of Documents — the formal disclosure of documents each party holds that are relevant to the proceeding
• Subpoena to Produce Documents — compels a party or non-party to produce specified documents
• Subpoena to Give Evidence — compels a witness to attend and give oral evidence
• Subpoena to Give Evidence and Produce — combines both obligations in a single subpoena
• Notice of Objection to a Subpoena — challenges the validity or scope of a subpoena, or claims privilege over the material sought
• Notice of Non-Party Discovery — seeks discovery from someone who is not a party to the proceeding

Phase 4: Trial Preparation

As the matter approaches hearing, the parties consolidate the evidence and legal argument into the documents the court will actually use at trial — agreed facts, chronologies, and outlines of submissions, alongside any final affidavits.

Documents Typically Filed

• Statement of Agreed Facts — records facts the parties accept are not in dispute, narrowing the issues for trial
• Statement of Factual & Legal Issues in Dispute — identifies the matters still contested, framing what the court actually needs to decide
• Chronology — a structured timeline of key events, cross-referenced to the evidence
• Outline of Submissions — sets out each party's legal argument and the relief sought
• Affidavit (trial) — final sworn evidence-in-chief relied on at hearing
• Court Book / Hearing Bundle — the indexed, paginated bundle of documents the court will use at hearing (Federal Court eBooks / Format 1 or Format 2)

Phase 5: Trial / Hearing

At hearing, the court receives the evidence, hears oral submissions, and, where witnesses are required, hears cross-examination. Interlocutory-style applications can still arise mid-hearing — objections to evidence are common — but this phase is primarily about presenting the case already prepared.

Documents Typically Filed

• Hearing/Trial Bundle — the finalised, court-ready compilation of pleadings, evidence, and submissions
• Witness Outlines / Summaries — where directed, a summary of the evidence a witness is expected to give
• Objections to Evidence — raised and ruled on during the hearing itself
• Closing Submissions — final written or oral submissions after evidence has been heard

Phase 6: Judgment & Post-Judgment

Following judgment, the parties typically deal with consequential matters and costs orders, and, in a limited number of matters, entering orders and pursuing enforcement or appeal.

Documents Typically Filed

• Orders — the formal orders made by the court, including as to costs
• Costs Submissions / Bill of Costs — where costs are in dispute or require assessment
• Notice of Appeal — where a party seeks to challenge the judgment in a higher court
• Enforcement Documents — such as a judgment debtor summons or writ, where a judgment needs to be enforced

Document Taxonomy

Federal Court filings fall into distinct functional categories, each serving a specific procedural purpose regardless of which phase they appear in.