Procedures
Federal and state hierarchies with costs following the event
Adversarial civil procedure with active judicial case management, split between federal and state court hierarchies. Most jurisdictions require genuine steps to resolve a dispute before proceedings are commenced.
Key rules
- Deadline — Limitation period for most contract and tort claims: six years from when the cause of action accrued (three years for personal injury in some states)
- Deadline — Notice of appeal in the Federal Court: 28 days from the judgment or order
Governing law
- Federal Court of Australia Act 1976Cth
- Civil Dispute Resolution Act 2011
- Uniform Civil Procedure Rules 2005NSW
In practice
Whether a claim starts in a federal or state court depends on the subject matter and the amount, and the two hierarchies have different rules — there is no single national code of civil procedure. The Civil Dispute Resolution Act 2011 requires an applicant in most federal matters to file a genuine steps statement showing what was done to try to resolve the dispute first. Costs ordinarily follow the event, so an unsuccessful party usually pays the winner's costs on a party-party basis, which is a significant risk factor absent from jurisdictions with no costs-shifting. Appeals to the High Court require special leave, which is granted sparingly.