The Federal Court of Australia ('FCA') handles civil cases under federal law and some criminal cases. It also hears appeals from other courts. You can make complaints to the FCA about:
- Registry staff and services.
- Judges.
- Delays in delivering judgments.
What types of complaints can you make?
The FCA can handle three types of complaints:
1) Complaints about Registry Staff and Services:
You can complain about FCA registry or administrative staff failing to provide prompt, courteous, and effective services, such as:
- General explanations about court operations
- Information on necessary court forms
- Checking forms for completeness
- Information on fee exemptions, case management, court lists, mediation, interpreters, and legal assistance
Registry staff are not responsible for giving legal advice or recommending lawyers.
2) Complaints about Judges:
You can complain about a judge's conduct or performance of judicial functions, including concerns about their capacity to perform their role.
3) Complaints about a Delay in Delivery of a Judgment:
You can complain if it takes an unreasonable amount of time for a judgment to be delivered, typically beyond three months of the last hearing day.
Jurisdiction:
Complaints can be made about FCA staff and judges in any State or Territory.
Time Limitations:
- Registry staff and services: Complaints can be made anytime, but it is advisable to lodge them promptly.
- Judges' conduct: Complaints can be made anytime, but the court may not act on old complaints.
- Judgment delays: Complaints can be made anytime, but typically after three months unless there are urgent circumstances.
This body does not handle complaints about:
- Case management decisions or orders
- Actions or decisions of solicitors or barristers (refer to State/Territory bodies)
- Conduct of judges in their personal capacity
- Criminal and corruption matters (handled by police or the National Anti-Corruption Commission)
Who can you make a complaint against?
You can make a complaint against:
- Registry and administrative staff: Complaints can be made about administrative policies and functions.
- Judges: Complaints can be made about a judge's conduct.
Are you eligible to make a complaint?
Who can make a complaint?
Anyone can make a complaint about FCA registry staff, administrative staff, or a judge's conduct. You do not need to be a party to a case.
Before you lodge a complaint:
No steps are needed before lodging a complaint.
Complaints on behalf of someone:
Complaints can be made on behalf of someone with their authorisation.
What can this body do to help?
This body may provide:
- Explanation: A formal response to complaints within 20 working days.
- Temporary restriction of a judge’s duties: To maintain public confidence, a judge may be temporarily restricted from hearing cases.
- Removal of a judge: In extreme cases of proved misconduct, a judge may be removed by the Governor-General.
- Training: Judges may undergo training if a complaint is substantiated.
How to prepare your complaint
Format:
- Registry and administrative staff: Complaints can be made in person, by phone, post, or email. Complex or less urgent complaints are better submitted in writing.
- Judges' conduct or judgment delays: Complaints must be made in writing.
Personal Details:
- Full name, postal address, contact number, case name, and file number (if relevant). The court does not accept anonymous complaints.
Respondent’s Details:
- Registry and administrative staff: Provide the name or description of the person.
- Judges' conduct: Identify the judge.
Relevant Facts:
- Description of the conduct, date(s), witness names, and supporting documentation.
What NOT to include:
- Abusive or inflammatory language, opinions, irrelevant facts, frivolous, trivial, or vexatious complaints.
Lodging your complaint and next steps:
- Registry and Administrative Staff
- Contact: National Judicial Registrar & District Registrar (contact info available online).
- Judge Conduct (including judgment delays)
- Post: Principal Registry of the Federal Court, Locked Bag A6000, Sydney South NSW 1235
Handling of Complaints:
- Registry and Administrative Staff
- You will receive an acknowledgment and a response within 20 working days, explaining the actions taken or reasons for no action.
- Judge Conduct
- Chief Justice’s Initial Review:
- The complaint might be dismissed.
- The judge might be consulted.
- Another senior person might handle it.
- A Conduct Committee might be set up.
- It might be referred to the Attorney-General.
- Reasons for Dismissal:
- If the complaint is frivolous, vexatious, or not in good faith.
- If it is trivial, too old, or has another way to be resolved.
- If it concerns judicial functions that can be appealed.
- If the judge is no longer in office.
- If Not Dismissed:
- The Chief Justice may discuss it with the judge.
- Actions may be taken to manage court operations.
- Measures may be implemented to maintain public confidence.
- Conduct Committee:
- Investigates the complaint fairly and may hold hearings.
- Stops if the judge leaves office.
- Chief Justice’s Initial Review:
Outcome Notifications:
- You will be informed of the outcome by the Chief Justice.
- Judges can only be removed for serious misbehaviour or incapacity by the Governor-General at Parliament's request.
Judgment Delay:
- Referral to Chief Justice:
- State or Territory law societies or bar associations will refer delays.
- The Chief Justice will decide whether to address the judge or treat it as a conduct or incapacity issue.
Additional Information:
- Keep a copy of your complaint and submission details.
- The Chief Justice and those involved in handling complaints are protected from lawsuits.
More information:
Refer to the factsheet provided below for more information.
