General protections proceedings in the FCFCOA: Strategy and practical tips


Prosecuting or defending claims raised under Part 3-1 of the Fair Work Act 2009 (Cth) can be a ‘backbone’ for many who practice in employment and industrial law. Since the passage of that Act, it has also grown to be an important part of the Federal Circuit and Family Court of Australia’s general federal law jurisdiction.

In this seminar, the presenters will focus on the strategic and practical aspects of successfully running these claims in the FCFCOA in particular. They will provide their tips about:

•  issuing proceedings (features of the FCFCOA’s jurisdiction, pleadings, the s 368 certificate, extensions of time, mediation and settlement);

•  building your case (discovery, outlines of evidence/affidavits, the privilege against self-incrimination); and

•  proving your case or undermining your opponent’s case (from an applicant and defendant perspective).

Judge Symons of the Court will chair the session and has agreed to offer her insights in an informal Q and A session at the conclusion of the presentations.

The IBA is very pleased to offer its first in person CLE to members and instructors since the onset of the pandemic in 2020. Attendees are welcome to catch up with one another in the Essoign afterwards. 


This is an in-person event only.