Going to Court
If there is an unsuccesful conciliation or a terminated complaint, a person will be notified by the AHRC with a termination notice. A person can then make an application to the Federal Court of the Federal Circuit Court alleging unlawful discrimination (s46PO, AHRC Act). This is an entirely different process, and requires adherence to court rules for lodgement of an application. The application must be lodged within 60 days of the issue of a termination notice from the AHRC. A person would be best advised to seek legal advice and help in lodging an application.
There are many costs associated with going to court, including lawyers, filing fees, and court costs if the case is heard and the applicant is unsuccessful. In such a case, an applicant will often be ordered to pay their own and the respondent’s costs. If an applicant is successful, costs may still be incurred.