General Protections List - FED

A National General Protections List operates in the Federal Court of Australia from 1 September 2024. The list will run as a pilot project for an initial period of eight months.

The adoption of the National General Protections List follows the successful conduct of the Adverse Action List before registrars in the Victorian registry of the Federal Court since 2019. The Fair Work Act’s general protections provisions in Part 3-1 of Chapter 3 cover:

• adverse action claims: ss 340–345;
• freedom of association: ss 346–350;
• discrimination and other protections: ss 351–356;
• sham independent contracting arrangements: ss 357–359.

• promoting consistency and efficiency in the case management of general protections proceedings;
• ensuring that general protections proceedings are heard in the appropriate court, having regard to any points of principle and the quantum of claims;
• ensuring that the resources of the court in relation to mediation are targeted towards the most appropriate proceedings; and
• ensuring early and appropriate case management and timetabling of any interlocutory or procedural matters before the proceeding is allocated to a Docket Judge.

The first list will take place on 4 October 2024. It will be conducted virtually.

A registrar will conduct the list every Friday, with staggered start times to accommodate time differences between various states and territories. After initial case management or after mediation with a registrar, cases will be allocated to a Docket Judge.

On filing, the registry will list new general protections proceedings for a first case management hearing within 4-6 weeks of the application being accepted for filing. In advance of each list, parties will receive correspondence from the court with relevant listing information.

The commentary on General protections claims in the By Lawyers Employment Law guide has been updated accordingly.